Fifth Amendment

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[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...

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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...

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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...

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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...

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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...

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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...

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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...

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Overview

The incorporation doctrine is a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth...

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Facts

Petitioner Kerri Kaley was a sales representative for a New York–based medical-device company. See United States v. Kaley,677 F.3d 1316, 1318 (11th Cir. 2012). In 2005, the Food and Drug Administration (“FDA”) informed her that she was under...

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Facts

On January 19, 2005, Scott D. Cheever shot and killed Greenwood County Sheriff Matthew Samuels near Hilltop, Kansas. See Kansas v. Cheever,284 P.3d 1007, 1014 (Kan. 2012). Cheever and four others were cooking and using methamphetamine in the early...

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