Stovall v. Denno

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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.

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McMillan v. Pennsylvania

Right to a jury trial is not violated by pennsylvania mandatory minimum sentencing act. may impose minimum upon finding, by a preponderance of the evidence, of certain facts. Defendant possessed a firearm during enumerated offense.

North Carolina v. Pearce

In imposing new sentence upon defendant whose original sentence has been set aside, trial judge may consider events subsequent to first trial and may impose sentence that is greater or less than original sentence.

Fong Foo v. United States

A judgment of acquittal, even if based on error, is a final judgment that cannot be appealed. Writ of mandamus; double jeopardy.

Blockburger v. United States

Continuing offense; separate and distinct offenses, even if of the same nature, do not constitute a continuing offense, such as two sales of narcotics to the same purchaser, but at different times. The narcotics act penalizes each individual sale.

Sixth Amendment Right to Representation of Counsel

United States v. Gonzalez-Lopez; wrongful denial of the right to counsel of the defendant's choosing is a structural error (fundamental error) not subject to harmless-error review; pro hac vice.

Voluntary Statements to Government Informant Admissable

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.

Federal Wiretapping Laws

United States v. Turk; replaying of legally recorded conversations does not constitute an illegal aural interception; aural acquisition.

Shackled Defendant Before Jury

Deck v. Missouri; the constitution prohibits the use of visible shackles during the penalty phase of a criminal trial unless the use is justified by an essential state interest specific to the defendant on trial.

Sentencing Judges May Consider Various Factors

Kimbrough v. United States; Under Booker, the cocaine Guidelines, like all other Sentencing Guidelines, are advisory only.

Grand Jury

United States v. Awadallah; a grand jury may issue an arrest warrant.

Checkpoints

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

Pretrial Publicity

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.

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Stovall v. Denno

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