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9 Oct 2011, 4:23 pm
The basis for the ruling in Miranda v. [read post]
7 Oct 2011, 3:18 pm
On October 7, the Court will consider petitions on such issues as a district court’s jurisdiction over constitutional claims by federal employees for equitable relief, the circumstances in which Real Estate Settlement Procedures Act prohibits a real estate settlement services provider from charging an unearned fee, and the role of the Double Jeopardy Clause when a capital jury indicates that it is deadlocked but has ruled out a death sentence. [read post]
7 Oct 2011, 8:05 am
Furthermore, prohibition is never available merely to correct or prevent a mistake, error in procedure, or error in substantive law (see Matter of Oglesby v McKinney, 7 NY3d at 565; Matter of Morgenthau v Altman, 58 NY2d at 1058), even when such errors may be "grievous" (La Rocca v Lane, 37 NY2d at 579), or "egregious" (Matter of State of New York v King, 36 NY2d at 62). [read post]
6 Oct 2011, 10:10 pm
The "sniff" test was administered in a custodial setting and therefore, the officers were required to read Miranda rights to all those detained. [read post]
5 Oct 2011, 4:53 pm
John Elwood reviews the cases relisted after the Long Conference. [read post]
4 Oct 2011, 9:13 am
The two other Covington lawyers named as partners were Miranda Cole and Anupam Sharma. [read post]
4 Oct 2011, 7:14 am
Ignorance or a mistaken belief as to a matter of fact does not relieve a person of criminal liability ... [read post]
3 Oct 2011, 5:43 pm
The Sixth Amendment right to a fair trial In a pair of cases to be argued at the end of the month, the justices will consider, with reference to custody under Miranda (Miranda vs. [read post]
27 Sep 2011, 9:00 am
It was the landmark case of Miranda v. [read post]
26 Sep 2011, 6:35 am
She claims that the waiver of Miranda was not made knowingly, intelligently or voluntarily. [read post]
22 Sep 2011, 2:35 am
Judge King also noted that winning on the 924(c) issue would not matter if the appellants lost on Count I (the piracy issue). [read post]
17 Sep 2011, 7:56 am
Claims that Miranda warnings undermine intelligence collection ignore decades of experience to the contrary. . . . [read post]
16 Sep 2011, 4:53 pm
by Marty Lederman John Brennan just finished delivering this speech at the Harvard Law School. [read post]
16 Sep 2011, 3:34 pm
Here is the prepared text, released by the White House, of John Brennan’s speech at the Harvard Law School-Brookings conference now under way in Cambridge. [read post]
16 Sep 2011, 2:21 pm
Brennan explains that claims that Miranda warnings impede collection are also unwarranted. [read post]
11 Sep 2011, 11:02 am
Miranda defends me. [read post]
9 Sep 2011, 1:21 pm
Did it even matter who governed? [read post]
9 Sep 2011, 6:13 am
He was questioned there by military interrogators, who did not issue a Miranda warning (emphasis added). [read post]
8 Sep 2011, 3:30 pm
Miranda–Olivas, 41 P.3d 658, 661 (Colo. 2001). [read post]
2 Sep 2011, 5:14 pm
DixonDocket: 10-1540Issue(s): (1) Whether the Sixth Circuit contravened the directives of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) when it abandoned the “in custody” requirement of Miranda v. [read post]