In March 2012, a large gun safe, containing cash, personal papers, and twenty firearms, was stolen from a home in Virginia. Currier v. Commonwealth at 1. A neighbor reported hearing loud noises coming from inside the home, and seeing an old, white...
Fifth Amendment
(LIIBULLETIN preview)
In the 19th century, in response to the growing federal policy of assimilating Native American tribes into Anglo-American society, Congress created special Article I courts across the country known as Courts of Indian Offenses. United States v. Denezpi...
(Wex page)
The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, "No person shall . . . be subject for the...
(LIIBULLETIN preview (pre-2014))
[Question presented]
[Issue]
[Facts]
[Discussion]
[Analysis]
Issue
Does the Double Jeopardy clause bar retrial when the trial judge directs a verdict of acquittal because the prosecution failed to prove a fact that was ultimately not an element of...
(LIIBULLETIN preview)
In Miranda v. Arizona, the Supreme Court outlined procedural safeguards to ensure compliance with the Fifth Amendment’s privilege against self-incrimination. See State v. Powell, 998 So.2d 531, 534 (Fla. 2008). The Miranda warnings require an...
(Wex page)
Overview
The Fourteenth Amendment contains a number of important concepts, most famously state action, privileges & immunities, citizenship, due process, and equal protection—all of which are contained in Section One. However, the Fourteenth...
(LIIBULLETIN preview)
On November 29, 2015, a police officer in Alabama pulled over Terance Gamble for a faulty headlight. Brief for Petitioner, Terance Gamble at 2. The officer smelled marijuana and decided to search Gamble’s car, where he found marijuana and a 9mm handgun...
(LIIBULLETIN preview)
On June 7, 2010, Sergio Adrian Hernandez Guereca (“Sergio”), a 15-year-old Mexican citizen, was playing a game with his friends at a cement culvert on the border between Ciudad Juarez, Mexico and El Paso, Texas. Hernandez v. United States at 255. The...
(LIIBULLETIN preview (pre-2014))
Issue
May raisin farmers raise the Takings Clause as a defense to a USDA order requiring them to pay a monetary equivalent to a portion of their crop, or must they litigate non-takings defenses in the government enforcement action, pay the disputed...
(LIIBULLETIN preview)
On December 23, 2001, prison officials removed Respondent Randall Fields, who was incarcerated for disorderly conduct, from his cell and brought him to a conference room. See Fields v. Howe, 617 F.3d 813, 815 (6th Cir. 2010). On the way, the officers...