Criminal Procedure: 2010 Case & Statutory Supplement

Criminal Procedure: 2010 Case & Statutory Supplement

by Erwin Chemerinsky, Laurie L. Levenson
     
 

ISBN-10: 0735590524

ISBN-13: 9780735590526

Pub. Date: 08/24/2010

Publisher: Wolters Kluwer Law & Business

Intended for use with any of the authors' three casebooks for Criminal Procedure, the 2009 Case and Statutory Supplement combines two objectives: First, it covers the cases from the October 2008 Term, which ended on June 30, 2009. Second, it provides important statutory material related to each of the casebook's chapters.

The 2009

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Overview

Intended for use with any of the authors' three casebooks for Criminal Procedure, the 2009 Case and Statutory Supplement combines two objectives: First, it covers the cases from the October 2008 Term, which ended on June 30, 2009. Second, it provides important statutory material related to each of the casebook's chapters.

The 2009 Case and Statutory Supplement features significant new Supreme Court case decisions regarding:

  • Searches Incident to Arrest
    • Arizona v. Gant
  • Searches When There Are Special Needs
    • Safford Unified School District #1 v. Redding
  • Exceptions to the Exclusionary Rule
    • Herring v. United States
  • Police Interrogation and the Privilege Against Self-Incrimination
    • Montejo v. Louisiana
  • Speedy Trial Rights
    • Vermont v. Brillon
  • Sentencing
    • Oregon v. Ice
  • Collateral Estoppel
    • Yeager v. United States

Important Statutory Material:

  • Selected Federal Rules of Criminal Procedure
  • Selected Sections from U.S. Code Title 18, Crimes and Criminal Procedure
  • Selected Sections from U.S. Code Title 28, Judiciary and Judicial Procedure

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Product Details

ISBN-13:
9780735590526
Publisher:
Wolters Kluwer Law & Business
Publication date:
08/24/2010
Edition description:
Older Edition
Pages:
238
Product dimensions:
7.00(w) x 9.90(h) x 0.60(d)

Table of Contents

Preface xi

Chapter 2 Searches and Seizures 1

E Exceptions to the Warrant Requirement 1

4 The Automobile Exception 1

c Searches Incident to Arrest 1

Arizona v. Gant 1

10 Searches When There Are "Special Needs" 10

b Drug Testing 10

Safford Unified School District #1 v. Redding 11

c The Government Employment Context 19

City of Ontario v. Quon 19

Michigan v. Fisher 26

F Seizures and Arrests 29

3 For What Crimes May a Person Be Arrested? 29

Virginia v. Moore 29

Chapter 3 The Exclusionary Rule 35

D Exceptions to the Exclusionary Rule 35

Herring v. United States 35

Chapter 4 Police Interrogation and the Privilege Against Self-Incrimination 45

B Fifth Amendment Limits on In-Custodial Interrogation 45

5 What Are the Exceptions to Miranda? 45

d Waiver 45

Maryland v. Shatzer 45

Berghuis v. Thompkins 53

C The Sixth Amendment Right to Counsel and Police Interrogations 61

3 Waivers 61

Montejo v. Louisiana 61

D The Sixth Amendment Right to Counsel and Police Interrogation 70

4 What Is Impermissible Police Eliciting of Statements? 70

Chapter 7 Bail and Pretrial Release 73

B Preventative Detention 73

2 Other Types of Preventative Detention 73

d Enemy Combatants 73

Chapter 8 Discovery 75

F Final Note 75

Chapter 9 Plea Bargaining and Guilty Pleas 77

C Guilty Pleas 77

Chapter 10 Speedy Trial Rights 79

C Due Process and Speedy Trial Rights 79

2 Post-Charging Delay and Speedy Trial Rights 79

a Statutory Protections 79

b Constitutional Protections 79

Vermont v. Brillon 79

Chapter 11 Right to Counsel 83

B When the Right to Counsel Applies 83

Rothgery v. Gillespie County 83

E Right of Self-Representation 85

Indiana v. Edwards 86

Chapter 12 Trial 93

B Jury Composition and Selection 93

1 Selecting the Jury Venire 93

3 Applying Batson 93

e The Mechanics of Bringing Batson Challenges 93

Snyder v. Louisiana 93

C Pretrial Publicity and the Right to a Fair Trial 97

1 When Does Pretrial Publicity Interfere with a Defendant's Right to a Fair Trial? 97

Skilling v. United States 97

2 Remedies for Prejudicial Pretrial Publicity 105

a Closure of Courtrooms 105

D Trial Rights: Due Process, Right of Confrontation, and Privilege Against Self-Incrimination 105

Chapter 13 Sentencing 107

B Indeterminate Versus Determinate Sentencing 107

3 Mandatory Minimum Sentences 107

4 Apprendi and Its Progeny 107

Oregon v. Ice 107

C Eighth Amendment: When Does a Sentence Constitute Cruel and Unusual Punishment? 110

2 Proportionality and Three Strikes Laws 110

Graham v. Florida 110

D The Death Penalty 122

2 Standards for Constitutional Implementation of the Death Penalty 122

Kennedy v. Louisiana 123

3 Recent Limits on the Scope of the Death Penalty 126

c Method of Execution 126

Baze v. Rees 126

Chapter 14 Double Jeopardy 139

D Exceptions to the Double Jeopardy Rule 139

1 Retrial After Mistrials 139

a Retrial After Mistrial for Hung Jury 139

F Collateral Estoppel 139

Yeager v. United States 139

Chapter 15 Habeas Corpus 145

B The Issues That Must Be Addressed in Order for a Federal Court to Grant Habeas Corpus Relief 145

1 Is the Petition Time Barred? 145

Holland v. Florida 145

2 Is It a First Or a Successive Habeas Corpus Petition? 152

Magwood v. Patterson 152

D Habeas Corpus and the War on Terrorism 159

Boumediene v. Bush 159

Federal Rules of Criminal Procedure 183

Rule 5 Initial Appearance 183

Rule 5.1 Preliminary Hearing 186

Rule 6 The Grand Jury 188

Rule 7 The Indictment and the Information 194

Rule 8 Joinder of Offenses or Defendants 195

Rule 11 Pleas 196

Rule 14 Relief from Prejudicial Joinder 200

Rule 16 Discovery and Inspection 201

Rule 23 Jury or Nonjury Trial 205

Rule 26.2 Producing a Witness's Statement 206

Rule 41 Search and Seizure 206

Excerpted Statutes 213

18 U.S.C. 213

§3142. Release or Detention of a Defendant Pending Trial 213

§3144. Release or Detention of a Material Witness 219

§3161. Time Limits and Exclusions 220

28 U.S.C. 224

§2241. Power to Grant Writ 224

§2242. Application 225

§2243. Issuance of Writ; Return; Hearing; Decision 226

§2244. Finality of Determination 226

§2245. Certificate of Trial Judge Admissible in Evidence 228

§2246. Evidence; Depositions; Affidavits 228

§2247. Documentary Evidence 228

§2248. Return or Answer; Conclusiveness 229

§2249. Certified Copies of Indictment, Plea and Judgment; of Respondent 229

§2250. Indigent Petitioner Entitled to Documents without Cost 229

§2251. Stay of State Court Proceedings 229

§2252. Notice 229

§2253. Appeal 230

§2254. State Custody; Remedies in State Courts 230

§2255. Federal Custody, Remedies on Motion Attacking Sentence 232

§2261. Prisoners in State custody Subject to Capital Sentence; Appointment of Counsel; Requirement of Rule of Court or Statute; Procedures for Appointment 233

§2262. Mandatory Stay of Execution; Duration; Limits on Stays of Execution; Successive Petitions 234

§2263. Filing of Habeas Corpus Application; Time Requirements; Tolling Rules 235

§2264. Scope of Federal Review; District Court Adjudications 235

§2265. Application to State Unitary Review Procedure 235

§2266. Limitation Periods for Determining Applications and Motions 236

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