Sixth Amendment

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

Should the Supreme Court overrule Harris v. United States and require that a jury find facts beyond a reasonable doubt in order to enhance a sentence beyond the ordinarily...

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Petitioner Carlos Manuel Ayestas was convicted and sentenced to death for murder in 1995. See Ayestas v. Stephens, 817 F.3d 888, 892 (5th Cir. 2016). After the Texas Court of Criminal Appeals affirmed his conviction and sentence, Ayestas petitioned for...

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On February 12, 1992, Michigan police arrested Diapolis Smith (“Smith”), an African-American man, in relation to a shooting death at a nightclub in Grand Rapids, Michigan. See Smith v. Berghuis, 543 F....

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In December of 2011, petitioner Brandon Thomas Betterman failed to comply with two court orders to appear pursuant to charges of felony domestic assault. See State v. Betterman, 342 P.3d 971, 973 (Mont. 2015). Betterman turned himself in two months...

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

Whether the State of Louisiana’s five-year failure to fund appointed, specially-qualified counsel for an indigent defendant in a capital case should be weighed against the State for...

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Statutes at issue

Virginia Code Sections 19.2-187 and 19.187.1, as they were written before August 21, 2009, governed the admissibility into evidence of certificates of analysis. See Virginia Code §§ 19.2-187, 19.187,1 (displaying the 2009 amendments to...

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A jury convicted Petitioner Donald Bullcoming of aggravated Driving While Intoxicated (DWI); he was sentenced to two years in prison. See New Mexico v. Bullcoming, 226 P.3d 1, 4–5 (N.M. 2010). Bullcoming appealed, but the New Mexico Court of Appeals...

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On October 18, 1991, Petitioner Lonnie Lee Burton followed a 15-year-old Washington boy home from school. State v. Burton, 2000 WL 987045 (Wash.App. Div. July 17, 2000) at 1. Posing as a salesman, Burton forced his way into the house where he raped the...

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Roselva Chaidez was born in Mexico and has been a lawful, permanent resident of the United States since 1977. See Chaidez v. United States, 655 F.3d 684, 686 (7th Cir. 2011). In 2003, the government charged Chaidez...

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Overview

Criminal law, as distinguished from civil law, is a system of laws concerned with punishment of individuals who commit crimes. Thus, where in a civil case two individuals dispute their rights, a criminal prosecution involves the government...

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