The United States Supreme Court, in the case of Harrington v. Richter, decided, January 19, 2011, held that a trial counsel was not ineffective under the federal habeas corpus statute, called the Antiterrorism and Effective Death Penalty Act of 1996, when his trial counsel did not pursue a defense involving…
Articles Posted in United States Supreme Court
United States Supreme Court to hear oral arguments in the case of Kentucky v. King addressing the Fourth Amendment Exigent Circumstance exception to the warrant requirement.
On January 12, 2011, the United States Supreme Court will hear oral arguments in the case of Kentucky v. King. This case addresses the issue of what test should courts apply when police conduct creates the exigent circumstances relied on as the exception to the warrant requirement. The briefs in…
United States Supreme Court to hear oral argument in Sixth Amendment Confrontation Clause case of Michigan v. Bryant
The United States Supreme Court will hear oral argument in the Sixth Amendment Confrontation Clause case of Michigan v. Bryant on October 5th. In Bryant, a case from Michigan, the victim of a crime was injured from a gunshot wound and gave a description of the shooter to police. The…
Judge denies right to public trial resulting in Massachusetts Appeals Court overturning conviction
The Massachusetts Court of Appeals vacated a conviction in the case of Commonwealth v. Wolcott when the defendant was denied her right to a public trial as a result of the trial judge closing the courtroom. The Wolcott decision is an important decision as it emphasizes that Massachusetts criminal defense…
Miranda warning and right to remain silent without presence of a Massachusetts criminal defense lawyer
The U.S. Supreme Court continues to chip away at the Miranda warning, dialing back the landmark protections afforded criminal defendants since the 1960s, the Associated Press reported. What is important for a defendant to remember is simply this: Never speak to authorities as the suspect in a criminal investigation without…
United States Supreme Court limits Miranda in the case of Berghuis v. Thompkins
The United States Supreme Court further limited the holding of its landmark case of Miranda v. Arizona in the case of Berghuis v. Thompkins decided on June 2nd. In Miranda v. Arizona, the United States Supreme Court held that police must advise a defendant of the defendant’s right to remain…