Fifth Amendment

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[Question presented] [Issue] [Facts] [Discussion] [Analysis] Issue

Do prosecutors violate an accused criminal’s Fifth Amendment’s right against forced self-incrimination when they use evidence of his silence against him even when the evidence comes...

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In 1981 the City of San Francisco ("the City") enacted its first Hotel Conversion Ordinance ("HCO"). The San Remo Hotel v. City and County of San Francisco, 145 F.3d 1095, 1099 (9th Cir.1998) ("San Remo I"). The HCO was designed to stop the depletion...

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DefinitionThe act of implicating oneself in a crime or exposing oneself to criminal prosecution. Overview

Self-incrimination may occur as a result of interrogation or may be made voluntarily. The Fifth Amendment of the Constitution protects a person...

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Southern Union Company (“Southern Union”), a distributor of natural gas, acquired an old gas manufacturing plant in Rhode Island (“the Tidewater property”) as part of its new operations in Massachusetts and Rhode Island in 2000. See United States v....

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Definition

A taking is when the government seizes private property for public use.

Overview

A taking can come in two forms. The taking may be physical, which means that the government literally takes the property from its owner). Or the taking may...

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Christopher and Charles Turner, Clifton Yarborough, Kevin Smith, Levy Rouse, and Timothy Catlett were convicted for the 1984 murder of Catherine Fuller. Turner v. United States, Nos. 12-CO-1362, 12-CO-1538, 12-CO1539, 12-CO-1540, 12-CO-1541, 12-CO-1542...

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Maricopa County Superior Court in Arizona convicted Juan Resendiz-Ponce of kidnapping his common-law wife in August, 2002, and sentenced him to 45 days in county jail. United States v. Resendiz-Ponce, 425 F.3d 729, 729 (9th Cir. 2005). While Resendiz-...

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[Question(s) presented] [Issue(s)] [Facts] [Discussion] [Analysis] Issue

The substantive issue is whether Section 3 of the Defense of Marriage Act violates the right to equal protection of same-sex couples who are legally married under state law. The...

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Facts

A grand jury indicted Respondent Robert Keith Woodall for the murder, kidnapping, and rape of a sixteen-year-old female victim, and Woodall pled guilty in Kentucky state court to all of the charges and aggravating circumstances. See Woodall v. Com...

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In November 2004, the government indicted F. Scott Yeager, Joseph Hirko, and Rex Shelby (“defendants”) on numerous counts of conspiracy to commit securities and wire fraud, securities fraud, wire fraud, insider trading, and money laundering. See United...

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