Criminal Evidenced & Procedure

Peremptory challenge; juror discrimination; racial discrimination; Batson v. Kentucky, Johnson v. California.

Batson challenge; peremptory challenge; prima facie; strike all black jurors is prima facie discriminatory; black defendant; absent a race neutral explanation.

Custodial interrogation; noncustodial interrogation; ordinary traffic stops do not give rise to a need for miranda warnings.

Sixth amendment; defendant has the right to represent himself at trial, as long as his decision to do so is voluntary and intelligent. pro se.

Warrantless seizure of evidence of a crime found in plain view should not be prohibited by the fourth amendment, plain view" doctrine.

Protective sweep of a dwelling is valid pursuant to a lawful arrest; reasonable suspicion that there is some danger; protective sweeps.

Custodial interrogation; duress; exculpatory evidence; inculpatory evidence; miranda rule; right against self incrimination; defendants must be informed of their rights prior to interrogation; used against the defendant at trial; right to remain silent.

Miranda warnings are not required in noncustodial interrogations; custodial setting; custodial interrogation.

Police may stop and frisk someone reasonably believed to have committed a crime; reasonable suspicion that a suspect has committed a crime or is about to commit a crime; detain him briefly for questioning; carrying a dangerous weapon.

Sentences may be enhanced based on perjury; sentence enhancement; defendant's right to testify on his or her own behalf; sentencing guidelines.

If a reasonable person would believe she was free to leave, there was no seizure a person is seized when, in light of the circumstances, a reasonable person would have believed that she was no longer free to leave. Seizure.

Fruit of the poisonous tree doctrine; independent source rule; prophylactic; evidence that is so attenuated from the original unlawful conduct as to dissipate the taint is admissible.

Sixth amendment right to a jury trial for criminal defendents is incorporated to the states by the fourteenth amendment.

Wiretap in public phone booth violates fourth amendment, right of privacy protects all communications that a person does not knowingly expose to the public.

Seizure of property requires meaningful interference with a possessory interest; installing a beeper in a container before possession is not a seizure.

Freedom of the press; the press is not immune from a valid search warrant; a warrant may issue to search any property, regardless of whether the occupant is suspected of a crime.

Reasonable suspicion establishes probable cause; lawful arrest; motion to suppress.

Exigent circumstances; felony arrests may be made solely on the basis of probable cause, without a warrant; statue authorizing warrantless felony arrests is constitutional.

Warrantless arrest permitted even for a misdemeanor or infraction punishable only by a fine; if an officer has probable cause to believe that a person has committed a very minor criminal offense, the officer may arrest that person without a warrant.

Immediate reach search permitted pursuant to a lawful arrest; the police may conduct a search of any area within the immediate reach of the accused criminal.

Police officer may search vehicle incident to lawful arrest once probable cause exists to arrest recent occupant of vehicle who had access to interior of vehicle. search

Police officers with probable cause to search car may inspect passengers belongings found in car that are capable of concealing object of search.

Flight from police is not indicative of wrongdoing, but it is certainly suggestive of such.

Police dog; drug dog sniff luggage; K-9 dog; investigative detention; when officer's observations lead him reasonably to believe that luggage contains narcotics, officer may detain luggage briefly to investigate circumstances that aroused his suspicion. Contraband.

If law enforcement officers have reason to believe individual giving consent to search has authority over premises to be searched, then entry will be validated even if it is later determined that person did not have authority to consent. Resident.

Fourteenth amendment does not command state court to appoint counsel to represent criminal defendant in every case. due process incorporation sixth amendment.

Constitution does not permit conviction based on coerced confession.

Right to counsel. when police investigation is no longer general inquiry into unsolved crime but focuses on particular suspect in police custody, must allow opportunity to consult with lawyer or warn of absolute constitutional right to remain silent.

Miranda warnings are not required when the suspect is unaware that he is speaking to a law enforcement officer and gives a voluntary statement; incriminating statement.

Nontestimonial evidence obtained as a result of a defendant s voluntary statement given without the benefit of miranda warnings need not be excluded at the defendant's trial; fruit of the poisonous tree doctrine.

Congress may not legislatively supersede court decisions interpreting and applying the constitution. Prophylactic stare decisis.

When police take no direct action to solicit incriminating statements, but merely listen to voluntary statements made by an accused, the right to counsel is not violated. Informant.

An unnecessarily suggestive pretrial identification of the defendant need not be excluded if, under the totality of the circumstances, it is sufficiently reliable.

Miranda warnings do not apply to grand jury investigations. perjury; right against self incrimination.

The privilege against self incrimination protects against being compelled to provide information to a grand jury about the existence of sources of potentially incriminating evidence. Independent counsel; subpoena duces tecum; ad testificandum.

Identical substantive criminal statutes do not offend due process by establishing different sentencing provisions available upon conviction. Sentence.

Racial discrimination in the selection of the grand jury requires dismissal of the defendant's conviction. Discrimination; equal protection; habeas corpus; harmless error; stare decisis.

Lengthy delays between indictment and trial caused by the government negligence violates the sixth amendment right to a speedy trial. prejudice presumption; statute of repose.

Government failure to assist defense by disclosing impeachment evidence of witnesses is constitutional violation if it deprived defendant of fair trial; material if suppression undermines confidence in outcome. Exculpatory evidence; harmless error.

When a plea of guilty has been entered in consideration of a promise made by a prosecutor, the prosecutor must fulfill that promise. Plea bargain.

The constitution does not require disclosure of impeaching information about witness testimony before entry of a guilty plea. Downward departure; sentencing guidelines.

a court may not enter a judgment upon a plea of guilty unless it is satisfied that there is a factual basis for the plea.alford plea; nolo contendere.

The constitution does not forbid states to prescribe relevant qualifications for their jurors. Fair cross section requirement; jury.

The constitution does not prohibit the removal for cause in a capital case of prospective jurors opposed to the death penalty and unable to impose it if necessary. Bifurcated trial.

Pure political speech is protected under the first amendment absent a legitimate government interest in its suppression. First amendment.

Even when capital defendant family members and defendant himself say no mitigating evidence, lawyer must make reasonable efforts to obtain and review prosecution evidence of aggravation at sentencing phase of trial. Prejudice.

When counsel represents successive defendants with a potential conflict of interest, a defendant must demonstrate that a conflict existed that affected the outcome of his case. Habeas corpus.

The confrontation clause is not violated by the admission of a nontestifying codefendant confession, with proper limiting instruction, when the confession is redacted to eliminate defendant name and any reference to her existence. Redaction.

The per se exclusion of all hypnotically refreshed testimony without regard to its reliability in a particular case is arbitrary and does not further a legitimate state interest.

Defendant's actual innocence based on newly discovered evidence is insufficient basis for challenging conviction on habeas review unless independent constitutional violation exists. Clemency.

Under the dual sovereignty doctrine, the double jeopardy clause does not bar successive prosecutions for the same conduct by two states. autrefois; convict; dual sovereignty doctrine.

If a defendant's request for a mistrial is granted, retrial is barred only if the mistrial was due to prosecutorial conduct that was intended to provoke a mistrial.

A judge may consider a defendant's false trial testimony when setting a sentence, as long as the sentence falls within the statutory limits. Sentencing guidelines.

In order to challenge a death sentence on the basis of racial discrimination, a defendant must show either a discriminatory purpose in his case or a discriminatory purpose in enacting or maintaining the death penalty. Venire.

A criminal defendant in state court must be given ample opportunity to retain counsel before trial, and, if none is retained, an attorney must be appointed to represent him or her. Right to counsel.

A warrant must particularly describe the things to be seized, and items not specifically listed on the search warrant may not be seized. Obscene.

If have probable cause to believe automobile contains articles that they may be entitled to seize, may search the vehicle pursuant to lawful arrest, without warrant, or impound vehicle into police custody to search at later time. Fruits of the crime.

The plain view doctrine may not be used to justify warrantless searches or seizures of a dwelling, which require probable cause.

An arrest requires either physical force or submission to the assertion of authority. Yield submission.

Police may set up temporary sobriety checkpoints and stop each car coming through to look for signs of intoxication.

Fruit of the poisonous tree doctrine; independent source rule; the fourth amendment prohibits use of evidence obtained by an illegal search and seizure, and evidence obtained as a result of that constitutional violation unless independent source.

A confession obtained from a person suffering from undetected mental illness is not a deprivation of due process in the absence of police misconduct.

An accused who requests the appointment of counsel at arraignment is permitted under the sixth amendment to consult with that counsel during any custodial interrogation by the police, absent waiver by the accused.

A showup, rather than a traditional lineup, used for identification of an accused violates the accused due process rights when it is unnecessarily suggestive under the totality of the circumstances.

Despite a claim of innocence, the fifth amendment protection against self-incrimination is available to all those who have reasonable cause to apprehend danger from a direct answer. Transactional immunity.

Perjury; criminal defendant is not deprived of the effective assistance of counsel when his lawyer admonishes him not to give perjured testimony and threatens to disclose to the court any false testimony the defendant may give.

A guilty plea is not involuntary merely because it was entered into to avoid the possibility of the death penalty. voluntary; knowingly; coerced.

The fourteenth amendment requires a state trial judge to explore racial prejudices of prospective jurors to ensure a fair, impartial jury. Voir dire.

Under the sixth amendment, a defendant is entitled to confront witnesses against him, which includes the right of cross-examination. Confrontation clause.

The use of blanks or deleted references in a redacted confession of a co-defendant may not be offered against a defendant at a joint trial, even with a limiting instruction. Redaction.

Imposition of death sentence for murder in the first degree is not void under due process clause solely because trial court considered additional information from probation department and other sources. Pre sentence investigaton.

The due process clause of the fourteenth amendment bars increased sentences on retrial that are motivated by vindictiveness on the part of the sentencing judge. Presumption.

Sentence enhancement for the defendant perjury at trial is not unconstitutional to the extent it does not undermine a defendant right to testify on his or her own behalf. Sentencing guidelines.

If an impaneled jury is discharged because the prosecution witness is unavailable, double jeopardy applies to bar the impaneling of a second jury and a new trial. Impanel.

Double jeopardy. a conviction of a lesser-included offense precludes a subsequent prosecution for the greater offense even though the two actions occurred several days apart.

A review of the sufficiency of the evidence to support a criminal conviction requires a determination as to whether the record evidence could reasonably support a finding of guilt beyond a "reasonable doubt" standard.

A habeas corpus petition should be dismissed if, in the absence of any cause or prejudice, the underlying constitutional claim was not first raised in a state proceeding on direct appeal.

Highway checkpoints are unconstitutional when used for ordinary law enforcement purposes to advance a general interest in ordinary crime control.

Self-incrimination impossible when there is no trial; violation of right against self-incrimination occurs only when one is compelled to be a witness against himself in a criminal case.

Rompilla v. Beard; capital defendant and family say no mitigating evidence, but defense lawyer must make reasonable efforts to obtain and review prosecution evidence of aggravation at sentencing phase of trial; death penalty.

Hoffa v. United States; Fourth Amendment protections from unreasonable searches and seizures extend to hotel rooms, but statements voluntarily made to informant are not inadmissible.

United States v. Villarreal; individuals have a reasonable expectation that their letters and other sealed containers will not be opened by government agents without a warrant when they are surrendered to a carrier.

Deal v. Spears; Title III of the Omnibus Crime Control and Safe Streets Act of 1996 creates exception to civil liability for aural interception during business use of a telephone extension; scope of exception limited to the business purpose.

Crawford v. Washington; out-of-court statements are inadmissible into evidence if defendant has no opportunity to cross-examine speaker, unless witness is unavailable and defendant has prior opportunity to cross-examine the declarant; hearsay.

Herring v. United States; The exclusionary rule is not an individual right and applies only where it results in appreciable police deterrence; respondeat superior.

Rita v. United States; An appellate court may apply a non-binding presumption that a sentencing court's imposition of a within-Guidelines sentence is reasonable; presumption.

Hudson v. Michigan; exclusionary rule not apply suppress evidence obtained in violation knock-and-announce rule; exclusionary rule; fruit-of-the-poisonous-tree-doctrine; inevitable discovery rule; no-knock search warrant.

When a vehicle is stopped at a traffic stop, the passenger as well as the driver is seized within the meaning of the Fourth Amendment for search and seizure.

Brendlin v. California; fruit of the poisonous tree; officers did not have probable cause to stop vehicle, passenger was seized and evidence discovered as result was inadmissible.

United States v. Knights; consent to future searches is a permitted condition of probation.

Illinois v. Lidster; traffic checkpoints may be part of a criminal investigation.

Fellers v. United States; the Fifth Amendment and Sixth Amendment have different tests for admissibility. Missouri v. Frye.

Harris v. United States; fact that increase a minimum sentence do not need to be proven beyond a reasonable doubt.

Massaro v. United States; ineffective assistance claims may be raised collaterally.

Harrington v. Richter; An unreasonable application of federal law is different from an incorrect application. State courts must be given some leeway. Strickland v. Washington. Strickland standard.

Kentucky v. King; The exigent-circumstances rule applies only when the police do not gain entry to the premises by means of an actual or threatened violation of the Fourth Amendment.

Maryland v. Shatzer; a break in custody ends the presumption of involuntariness established by Edwards v. Arizona.

Skilling v. United States; For purposes of obtaining a fair trial, it is sufficient if the jurors can lay aside their impressions or opinions and render a verdict based on the evidence presented in court.

Davis v. United States; deterrent effect of exclusionary rule; deter Fourth Amendment violations by police and law enforcement; Arizona v. Gant.

Perry v. New Hampshire; suppress evidence of eyewitness identification; overly suggestive; police standing with suspect; reliability of identification; Due Process.

United States v. Armstrong; claim of selective prosecution based on race; claimant must produce evidence that similarly situated offenders of a different race could have been prosecuted but were not.

Maryland v. King; taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, is a legitimate police booking procedure and is reasonable under the Four Amendment. DNA cheek swab.