CitationTeague v. Lane, 489 U.S. 288, 109 S. Ct. 1060, 103 L. Ed. 2d 334, 1989 U.S. LEXIS 1043, 57 U.S.L.W. 4233 (U.S. Feb. 22, 1989) Brief Fact Summary. The petitioner, Teague (the “petitioner”) was convicted in an Illinois state court of attempted murder and other offenses. The prosecutor used all ten of his peremptory challenges to exclude blacks from the jury. The petitioner twice unsuccessfully moved for a mistrial arguing that he was entitled to a jury of his peers. Synopsis of Rule of Law. An individual may not seek to enforce a new rule of law in federal habeas corp ...
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State v. Clark
CitationState v. Clark, 2001 UT 9, 20 P.3d 300, 2001 Utah LEXIS 9, 414 Utah Adv. Rep. 10 (Utah Feb. 6, 2001) Brief Fact Summary. In two separate prosecutions, Smith and Clark were charged with forgery. In each case, the charges were based on allegations that the defendants attempted to cash a stolen check and, after the bank didn’t comply, each left the bank. In each case, the magistrate found cause and bound the defendants for trial. The district court quashed the bindovers stating that the state failed to meet its evidentiary burden, and the state brought appeal. Synopsis of Rule ...
United States v. Salerno
CitationUnited States v. Salerno, 937 F.2d 797, 1991 U.S. App. LEXIS 13674, 34 Fed. R. Evid. Serv. (Callaghan) 1 (2d Cir. N.Y. June 28, 1991) Brief Fact Summary. Respondent, Salerno, in connection with his ties to la cosa nostra, was arrested on charges of various RICO violations. This action arose when he challenged the fact that he was detained without bail. Synopsis of Rule of Law. Detention, which is regulatory, in order to keep a criminal from flight, is not impermissible pre-trial punishment. ...
United States v. Hubbell
CitationUnited States v. Hubbell, 530 U.S. 27, 120 S. Ct. 2037, 147 L. Ed. 2d 24, 2000 U.S. LEXIS 3768, 68 U.S.L.W. 4449, 2000-1 U.S. Tax Cas. (CCH) P50,499, 2000 Cal. Daily Op. Service 4354, 2000 Daily Journal DAR 5845, 2000 Colo. J. C.A.R. 3116, 13 Fla. L. Weekly Fed. S 382 (U.S. June 5, 2000) Brief Fact Summary. The defendant, Webster Hubbell (the “defendant”), asserted his privilege against self incrimination when he was subpoenaed to produce documents. The government granted him immunity but then proceeded to use the documents to obtain an indictment against him from the Gr ...
Missouri v. Seibert
CitationMissouri v. Seibert, 542 U.S. 600, 124 S. Ct. 2601, 159 L. Ed. 2d 643, 2004 U.S. LEXIS 4578, 72 U.S.L.W. 4634, 17 A.L.R. Fed. 2d 851, 2004 Fla. L. Weekly Fed. S 476 (U.S. June 28, 2004) Brief Fact Summary. Respondent, Seibert, brought appeal after she was convicted of second-degree murder based on a confession that was elicited after she had made an un-Mirandized confession. Synopsis of Rule of Law. In order to use a post-Mirandized confession, after eliciting an un-Mirandized confession, the police must give the defendant ample opportunity to consider the effect of the Miranda warni ...
Brewer v. Williams (Williams I)
CitationBrewer v. Williams, 430 U.S. 387, 97 S. Ct. 1232, 51 L. Ed. 2d 424, 1977 U.S. LEXIS 64 (U.S. Mar. 23, 1977) Brief Fact Summary. The defendant, Robert Williams (the “defendant”), after being arraigned on charges of abducting a 10-year old girl, was traveling with an officer between Davenport and Des Moines, Iowa. Although the defendant’s lawyers instructed that no questioning should take place outside their presence, the defendant was convinced by the officer to give directions to the body of the girl. Synopsis of Rule of Law. Once judicial proceedings begin, the ...
Chavez v. Martinez
CitationChavez v. Martinez, 538 U.S. 760, 123 S. Ct. 1994, 155 L. Ed. 2d 984, 2003 U.S. LEXIS 4274, 71 U.S.L.W. 4387, 2003 Cal. Daily Op. Service 4375, 2003 Daily Journal DAR 5593, 16 Fla. L. Weekly Fed. S 300 (U.S. May 27, 2003) Brief Fact Summary. Martinez brought suit against police officers when he was shot during a struggle. Synopsis of Rule of Law. [ Please provide a brief description of the main rule of law of this case. ] ...
Rhode Island v. Innis
CitationRhode Island v. Innis, 1979 U.S. LEXIS 996, 440 U.S. 934, 99 S. Ct. 1277, 59 L. Ed. 2d 492 (U.S. Feb. 26, 1979) Brief Fact Summary. The respondent, Thomas Innis (the “respondent”), was arrested, read his Miranda rights, and put into the backseat of a patrol car. The police discussed that the gun used for the crime might be found by a child, and the respondent disclosed the location of the weapon to avoid an accident. Synopsis of Rule of Law. An interrogation, for Fifth Amendment constitutional purposes, should be defined to include only words or conduct that the police ...
Moran v. Burbine
CitationMoran v. Burbine, 475 U.S. 412, 106 S. Ct. 1135, 89 L. Ed. 2d 410, 1986 U.S. LEXIS 32, 54 U.S.L.W. 4265 (U.S. Mar. 10, 1986) Brief Fact Summary. The police detained the respondent, Brian Burbine (the “respondent”), and the respondent waived his right to counsel. The respondent, unaware that his sister obtained counsel for him, confessed to the crime. His counsel was told by police that they were not questioning him when they actually were acquiring his confession. Synopsis of Rule of Law. Fifth Amendment constitutional rights embodied by Miranda do not require police ...
Yarborough v. Alvarado
CitationYarborough v. Alvarado, 541 U.S. 652, 124 S. Ct. 2140, 158 L. Ed. 2d 938, 2004 U.S. LEXIS 3843, 72 U.S.L.W. 4415, 17 Fla. L. Weekly Fed. S 327 (U.S. June 1, 2004) Brief Fact Summary. Respondent appealed from a conviction of second-degree murder and attempted robbery when he was Mirandized after confessing, purportedly in violation of his Fifth Amendment Rights. Synopsis of Rule of Law. W ...
United States v. White
CitationUnited States v. White, 401 U.S. 745, 91 S. Ct. 1122, 28 L. Ed. 2d 453, 1971 U.S. LEXIS 132 (U.S. Apr. 5, 1971) Brief Fact Summary. Government authorities, through the use of an informant, secretly recorded conversations with the Respondent, James A. White (the “Respondent”). The informant was not present during the trial, but the recorded conversations were admitted. Synopsis of Rule of Law. The secret simultaneous (electronic) recording of conversations between an individual and government agents, without a warrant, does not violate the Fourth Amendment to the United ...
United States v. Russell
CitationUnited States v. Russell, 411 U.S. 423, 93 S. Ct. 1637, 36 L. Ed. 2d 366, 1973 U.S. LEXIS 79 (U.S. Apr. 24, 1973) Brief Fact Summary. The Respondent, Richard Russell (the “Respondent”), manufactured methamphetamine using an essential chemical provided by an undercover federal agent. The chemical is difficult to acquire, and without the chemical it is impossible to manufacture the drug. Synopsis of Rule of Law. In order to determine whether the defense of entrapment is applicable, a subjective test should be applied that focuses on the intentions and conduct of the defe ...
Terry v. Ohio
Citation392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968) Brief Fact Summary. The Petitioner, John W. Terry (the “Petitioner”), was stopped and searched by an officer after the officer observed the Petitioner seemingly casing a store for a potential robbery. The officer approached the Petitioner for questioning and decided to search him first. Synopsis of Rule of Law. An officer may perform a search for weapons without a warrant, even without probable cause, when the officer reasonably believes that the person may be armed and dangerous. ...
Colorado v. Bertine
Citation479 U.S. 367, 107 S. Ct. 738, 93 L. Ed. 2d 739 (1987) Brief Fact Summary. The respondent, Steven Lee Bertine (the “respondent”), was arrested for driving under the influence, and a routine inventory of his impounded car revealed drug paraphernalia. Synopsis of Rule of Law. There is no warrant requirement, under the Fourth Amendment of the United States Constitution (“Constitution”), to search a vehicle under a routine inventory search. ...
Mapp v. Ohio
CitationMapp v. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081, 1961 U.S. LEXIS 812, 84 A.L.R.2d 933, 86 Ohio L. Abs. 513, 16 Ohio Op. 2d 384 (U.S. June 19, 1961) Brief Fact Summary. Police officers sought a bombing suspect and evidence of the bombing at the petitioner, Miss Mapp’s (the “petitioner”) house. After failing to gain entry on an initial visit, the officers returned with what purported to be a search warrant, forcibly entered the residence, and conducted a search in which obscene materials were discovered. The petitioner was tried and convicted for these mat ...
Mitchell v. United States
CitationMitchell v. United States, 526 U.S. 314, 119 S. Ct. 1307, 143 L. Ed. 2d 424, 1999 U.S. LEXIS 2348, 67 U.S.L.W. 4230, 99 Cal. Daily Op. Service 2468, 99 Daily Journal DAR 3241, 1999 Colo. J. C.A.R. 1931, 12 Fla. L. Weekly Fed. S 186 (U.S. Apr. 5, 1999) Brief Fact Summary. Petitioner Mitchell was indicted on several charges of drug trafficking and conspiracy, but participated in only some of them. She was told that by pleading guilty, she would waive the right to remain silent. Synopsis of Rule of Law. “Any effort by the State to compel [the defendant] to testify against his wil ...
Burks v. United States
CitationBurks v. United States, 437 U.S. 1, 98 S. Ct. 2141, 57 L. Ed. 2d 1, 1978 U.S. LEXIS 3 (U.S. June 14, 1978) Brief Fact Summary. Defendant was convicted for robbery had his conviction reverse for insufficient evidence and remanded. Synopsis of Rule of Law. “The Double Jeopardy Clause precludes a second trial once the reviewing court has found the evidence legally insufficient.” ...
Davis v. Alaska
CitationDavis v. Alaska, 415 U.S. 308, 94 S. Ct. 1105, 39 L. Ed. 2d 347, 1974 U.S. LEXIS 104 (U.S. Feb. 27, 1974). Brief Fact Summary. A crucial prosecution witness to in a robbery trial was a juvenile with a record of delinquency. The defendant sought to impeach the witness. Synopsis of Rule of Law. “[T]he right of confrontation is paramount to the State’s policy of protecting a juvenile offender,” and such a witness may be impeached. ...
Taylor v. Kentucky
CitationTaylor v. Kentucky, 436 U.S. 478, 98 S. Ct. 1930, 56 L. Ed. 2d 468, 1978 U.S. LEXIS 95 (U.S. May 30, 1978) Brief Fact Summary. Petitioner, tried for armed robbery, had requested that jury instructions include the presumption of innocence and the indictment’s lack of evidentiary value. The trial judge denied. Synopsis of Rule of Law. “[O]ne accused of a crime is entitled to have his guilt or innocence determined solely on the basis of the evidence introduced at trial, and not on grounds of official suspicion, indictment, continued custody, or other circumstances not adduc ...
Crawford v. Washington
CitationCrawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177, 2004 U.S. LEXIS 1838, 72 U.S.L.W. 4229, 63 Fed. R. Evid. Serv. (Callaghan) 1077, 17 Fla. L. Weekly Fed. S 181 (U.S. Mar. 8, 2004) Brief Fact Summary. Petitioner’s wife gave a tape-recorded description of the stabbing her husband was involved in. The tape was played at trial, but she did not testify. Synopsis of Rule of Law. “[W]here testimonial statements are at issue, the only indicium of reliability sufficient to satisfy constitutional demands is confrontation.” ...
Rompilla v. Beard
CitationRompilla v. Beard, 545 U.S. 374, 125 S. Ct. 2456, 162 L. Ed. 2d 360, 2005 U.S. LEXIS 4846, 73 U.S.L.W. 4522, 31 A.L.R. Fed. 2d 595, 18 Fla. L. Weekly Fed. S 419 (U.S. June 20, 2005) Brief Fact Summary. Respondent Rompilla was convicted of murder. He appealed on the grounds that his counsel had not properly investigated mitigating factors. Synopsis of Rule of Law. “Even when a capital defendant and his family members have suggested that no mitigating evidence is available, his lawyer is bound to make reasonable efforts to obtain and review material that counsel knows the prose ...
Lockhart v. McCree
CitationLockhart v. McCree, 476 U.S. 162, 106 S. Ct. 1758, 90 L. Ed. 2d 137, 1986 U.S. LEXIS 153, 54 U.S.L.W. 4449 (U.S. May 5, 1986) Brief Fact Summary. Jurors were removed during voir dire because they objected to the death penalty. Synopsis of Rule of Law. “[T]he Constitution does not prohibit the States from ‘death qualifying’ juries in capital cases.” ...
Henderson v. Morgan
CitationHenderson v. Morgan, 426 U.S. 637, 96 S. Ct. 2253, 49 L. Ed. 2d 108, 1976 U.S. LEXIS 67 (U.S. June 17, 1976) Brief Fact Summary. Respondent sought to have his plea agreement vacated on the grounds that it was involuntary. Synopsis of Rule of Law. A “plea [can] not be voluntary in the sense that it constituted an intelligent admission that [the defendant] committed the offense unless the defendant received ‘real notice of the true nature of the charge against him.'” ...
United States v. Benchimol
CitationUnited States v. Benchimol, 471 U.S. 453, 105 S. Ct. 2103, 85 L. Ed. 2d 462, 1985 U.S. LEXIS 12, 53 U.S.L.W. 3805 (U.S. May 13, 1985) Brief Fact Summary. The Respondent, Benchimol (Respondent), a criminal defendant, alleges that the Government breached its plea bargain when during his sentencing hearing the Government did not make an “enthusiastic” support for the agreement and did not explain the reasons for the agreement to the court. Synopsis of Rule of Law. The Government does not breach its plea bargain with a criminal defendant when at the sentencing hearing of a cr ...