Criminal Procedure – Page 9

COLORADO v. SPRING, 479 U.S. 564 (1987)

Issues: Criminal Procedure, Fifth Amendment, Miranda Warnings, Right Against Self-Incrimination

479 U.S. 564 107 S.Ct. 851 93 L.Ed.2d 954 COLORADO v. SPRING. No. 85-1517. Argued Dec. 9, 1986. Decided Jan. 27, 1987. Headnotes: CONSTITUTIONAL LAW?? Privilege Against Self-Incrimination ? Murder Confession ? Voluntariness. Where (1) after respondent’s arrest by federal officers for interstate transportation of firearms, he was advised of, and waived, his Miranda rights, […]

COLORADO v. CONNELLY, 479 U.S. 157 (1986)

Issues: Criminal Procedure, Fifth Amendment, Miranda Warnings, Right Against Self-Incrimination

479 U.S. 157 107 S.Ct. 515 93 L.Ed.2d 473 COLORADO, Petitioner v. Francis Barry CONNELLY. No. 85-660. Argued Oct. 8, 1986. Decided Dec. 10, 1986. Headnotes CONSTITUTIONAL LAW — Due Process — Confessions — Voluntariness. Since coercive police activity is a necessary predicate to finding that a confession is not “voluntary” within the meaning of […]

Batson v. Kentucky, 476 U.S. 79 (1986)

Issues: Batson Challenge, Civil Rights, Due Process Clause, Equal Protection Clause of the Fourteenth Amendment, Fourteenth Amendment, Racial Segregation

476 U.S. 79 106 S.Ct. 1712 90 L.Ed.2d 69 James Kirkland BATSON, Petitioner, v. KENTUCKY. No. 84-6263. Argued Dec. 12, 1985. Decided April 30, 1986. [qtbl style=”color:gray;] Summary:?The U.S. Supreme Court ruled that a prosecutor’s use of peremptory challenge in a criminal case?the dismissal of jurors without stating a valid cause for doing so?may not […]

Dow Chemical Company v. United States, 476 U.S. 227 (1986)

Issues: Criminal Procedure, Fourth Amendment

476 U.S. 227 106 S.Ct. 1819 90 L.Ed.2d 226 DOW CHEMICAL COMPANY, Petitioner v. UNITED STATES etc. No. 84-1259. Argued Dec. 10, 1985. Decided May 19, 1986. Syllabus/Summary Petitioner operates a 2,000-acre chemical plant consisting of numerous covered buildings, with outdoor manufacturing equipment and piping conduits located between the various buildings exposed to visual observation […]

United States v. Inadi, 475 U.S. 387 (1986)

Issues: Confrontation Clause, Evidence Law, Hearsay Rule, Sixth Amendment

475 U.S. 387 106 S.Ct. 1121 89 L.Ed.2d 390 UNITED STATES, Petitioner v. Joseph INADI. No. 84-1580. Argued Dec. 3, 1985. Decided March 10, 1986. Counsel: Andrew L. Frey, Washington, D.C., for petitioner. Holly Maguigan, Philadelphia, Pa., for respondent. [hr] Syllabus Following a jury trial in Federal District Court, respondent was convicted of conspiring to […]

Nix v. Whiteside, 475 U.S. 157 (1986)

Issues: Effective Assistance of Counsel, Right to Counsel, Sixth Amendment

475 U.S. 157 106 S.Ct. 988 89 L.Ed.2d 123 Crispus NIX, Warden, Petitioner v. Emanuel Charles WHITESIDE. No. 84-1321. Argued Nov. 5, 1985. Decided Feb. 26, 1986. [qtbl style=”color:gray;”] SUMMARY:?Nix v. Whiteside, 475 U.S. 157 (1986) was a United States Supreme Court decision that dealt with the effective assistance of counsel during a criminal trial. […]

Texas v. McCullough, 475 U.S. 134 (1986)

Issues: Criminal Procedure, Due Process of Law, Fourteenth Amendment, Sentencing

475 U.S. 134 106 S.Ct. 976 89 L.Ed.2d 104 TEXAS, Petitioner v. Sanford James McCULLOUGH. No. 84-1198. Argued Dec. 10, 1985. Decided Feb. 26, 1986. Syllabus Respondent was tried before a jury in a Texas District Court and convicted of murder. He elected to be sentenced by the jury, as was his right under Texas […]

New York v. Class, 475 U.S. 106 (1986)

Issues: Criminal Procedure, Exclusionary Rule, Fourth Amendment, Plain View Doctrine, Vehicle Searches

475 U.S. 106 475 U.S. 106 106 S.Ct. 960 89 L.Ed.2d 81 NEW YORK, Petitioner,v.Benigno CLASS. No. 84-1181. Argued Nov. 4, 1985. Decided Feb. 25, 1986. Syllabus When two New York City police officers observed respondent driving above the speed limit in a car with a cracked windshield, both traffic violations under New York law, […]

Waters v. Kemp, 475 U.S. 1039 (1986)

Issues: Cruel & Unusual Punishment Clause, Death Penalty, Eighth Amendment

475 U.S. 1039 106 S.Ct. 1249 89 L.Ed.2d 357 Eurus Kelly WATERS, petitioner, v. Ralph KEMP, Warden. No. 85-6010 Supreme Court of the United States February 24, 1986 The petition for a writ of certiorari to the Supreme Court of Georgia is denied. Justice BRENNAN, dissenting: Adhering to my view that the death penalty is […]

Schiro v. Indiana, 475 U.S. 1036 (1986)

Issues: Death Penalty, Sentencing

475 U.S. 1036 106 S.Ct. 1247 89 L.Ed.2d 355 Thomas N. SCHIRO v. INDIANA. No. 85-5972 Supreme Court of the United States February 24, 1986 On petition for writ of certiorari to the Supreme Court of Indiana. The petition for writ of certiorari is denied. Justice MARSHALL, with whom Justice BRENNAN joins, dissenting. The trial […]

UNITED STATES v. LOUD HAWK, 474 U.S. 302 (1986)

Issues: Criminal Procedure, Sixth Amendment, Speedy Trial

474 U.S. 302 474 U.S. 302 106 S.Ct. 648 88 L.Ed.2d 640 UNITED STATES, Petitioner,v.Kenneth Moses LOUD HAWK et al. No. 84-1361. Argued Nov. 12, 1985. Decided Jan. 21, 1986. Rehearing Denied March 3, 1986. See 475 U.S. 1061, 106 S.Ct. 1289. Syllabus Respondents were arrested and indicted in November 1975 on counts of possessing […]

CALIFORNIA v. CARNEY, 471 U.S. 386 (1985)

Issues: Criminal Procedure, Fourth Amendment, Probable Cause, Vehicle Searches

471 U.S. 386 105 S.Ct. 2066 85 L.Ed.2d 406 CALIFORNIA, Petitioner v. Charles R. CARNEY. No. 83-859. Argued Oct. 30, 1984. Decided May 13, 1985. HEADNOTES CONSTITUTIONAL LAW – SEARCHES AND SEIZURES – Motor Home- Warrantless Search. Where (1) a law enforcement agent, who had information that respondent’s mobile motor home was being used […]

Tennesee v. Garner, 471 U.S. 1 (1985)

Issues: Fourth Amendment

471 U.S. 1 105 S.Ct. 1694 85 L.Ed.2d 1 TENNESSEE, Appellant, v. Cleamtee GARNER, etc., et al. MEMPHIS POLICE DEPARTMENT, et al., Petitioners, v. Cleamtee GARNER, etc., et al. Nos. 83-1035, 83-1070. Argued Oct. 30, 1984. Decided March 27, 1985. [qtbl style=”color:gray;”] One-Sentence Takeaway:?An officer cannot use deadly force to prevent the escape of a […]

United States v. Leon, 468 U.S. 897 (1984)

Issues: Criminal Procedure, Exclusionary Rule, Good Faith Exception to Exclusionary Rule

468 U.S. 897 104 S.Ct. 3405 82 L.Ed.2d 677 UNITED STATES, Petitioner v. Alberto Antonio LEON et al. No. 82-1771. Supreme Court of the United States Argued Jan. 17, 1984. Decided July 5, 1984. Rehearing Denied Sept. 18, 1984. Syllabus Acting on the basis of information from a confidential informant, officers of the Burbank, Cal., […]

Hudson v. Palmer, 468 U.S. 517 (1984)

Issues: Criminal Procedure, Fourteenth Amendment, Fourth Amendment, Prisoner's Rights

468 U.S. 517 468 U.S. 517 104 S.Ct. 3194 82 L.Ed.2d 393 Ted S. HUDSON, Petitionerv.Russell Thomas PALMER, Jr. Russell Thomas PALMER, Jr., Petitioner v. Ted S. HUDSON. Nos. 82-1630, 82-6695. Supreme Court of the United States Argued Dec. 7, 1983. Decided July 3, 1984. Syllabus Respondent, an inmate at a Virginia penal institution, filed […]

Spaziano v. Florida, 468 U.S. 447 (1984)

Issues: Death Penalty

468 U.S. 447 104 S.Ct. 3154 82 L.Ed.2d 340 Joseph Robert SPAZIANO, Petitioner v. FLORIDA. No. 83-5596. Supreme Court of the United States Argued April 17, 1984. Decided July 2, 1984. Syllabus At petitioner’s trial for first-degree murder, the Florida trial court informed him that it would instruct the jury on lesser included, noncapital offenses, […]

BERKEMER v. McCARTY, 468 U.S. 420 (1984)

Issues: Criminal Procedure, Fifth Amendment, Miranda Warnings, Right Against Self-Incrimination

468 U.S. 420 468 U.S. 420 104 S.Ct. 3138 82 L.Ed.2d 317 Harry J. BERKEMER, Sheriff of Franklin County, Ohio, Petitionerv.Richard N. McCARTY. No. 83-710. Supreme Court of the United States Argued April 18, 1984. Decided July 2, 1984. Syllabus After observing respondent’s car weaving in and out of a highway lane, an officer of […]

NEW YORK v. QUARLES, 467 U.S. 649 (1984)

Issues: Criminal Procedure, Exigent Circumstances, Fifth Amendment, Miranda Warnings

467 U.S. 649 467 U.S. 649 104 S.Ct. 2626 81 L.Ed.2d 550 NEW YORKv.Benjamin QUARLES. No. 82-1213. Supreme Court of the United States Argued Jan. 18, 1984. Decided June 12, 1984. Syllabus Respondent was charged in a New York state court with criminal possession of a weapon. The record showed that a woman approached two […]

Welsh v. Wisconsin, 466 U.S. 740 (1984)

Issues: Criminal Procedure, Exigent Circumstances, Fourth Amendment

466 U.S. 740 466 U.S. 740 104 S.Ct. 2091 80 L.Ed.2d 732 Edward G. WELSH, Petitionerv.WISCONSIN. No. 82-5466. Supreme Court of the United States Argued Oct. 5, 1983. Decided May 15, 1984. Syllabus On the night of April 24, 1978, a witness observed a car that was being driven erratically and that eventually swerved off […]

Oliver v. United States, 466 U.S. 170 (1984)

Issues: Criminal Procedure, Curtilage, Fourth Amendment, Open Fields Doctrine

466 U.S. 170 104 S.Ct. 1735 80 L.Ed.2d 214 Ray E. OLIVER, Petitioner v. UNITED STATES. MAINE, Petitioner v. Richard THORNTON. Nos. 82-15, 82-1273. Supreme Court of the United States Argued Nov. 9, 1983. Decided April 17, 1984. Counsel: Frank E. Haddad, Jr., Louisville, Ky., for petitioner in No. 82-15. Donna L. Zeegers, Augusta, Me., […]