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| Preface to Fifth Edition | |
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| Acknowledgments | |
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| Table of Cases | |
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| Introduction to the Adversary System | |
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| Costs and Benefits | |
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| The Roscoe Pound-American' Trial Lawyers Foundation-The American Lawyer's Code of Conduct | |
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| Seeking the Truth Versus Telling the Truth at the Boundaries of the Law: Misdirection, Lying, and "Lying With an Explanation" | |
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| The Future of the Legal Profession: Institutionalizing Ethics | |
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| Adversary Advocacy and The Authority of Adjudication | |
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| Misunderstanding Lawyers' Ethics (Book Review of Daniel Markovits, A Modern Legal Ethics: Adversary Ethics in a Democratic Age (2008)) | |
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| Exercise | |
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| Defense Counsel's Role | |
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| Why Defense Attorneys Cannot, But Do, Care About Innocence | |
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| The Ethics of Criminal Defense | |
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| Problem | |
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| The Prosecutor's Role | |
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| The Conscience of a Prosecutor | |
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| Prosecutorial Regulation Versus Prosecutorial Accountability | |
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| Problem | |
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| Prosecutors and Their Agents, Agents and Their Prosecutors | |
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| Initial Appearance and Pretrial Release | |
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| Initial Appearance | |
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| Note and Question | |
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| Gerstein v. Pugh | |
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| Notes and Questions | |
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| Problem | |
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| Pretrial Release | |
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| Question | |
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| Release Determinations | |
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| Stack v. Boyle | |
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| Problems | |
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| The Bail Reform Act | |
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| Pretrial Detention | |
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| United States v. Salerno | |
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| Questions | |
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| Problems | |
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| Prosecutorial Discretion | |
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| Prosecutorial Discretion in Charging | |
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| Stephanos Bibas-The Need for Prosecutorial Discretion | |
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| United States v. Batchelder | |
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| Note | |
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| Questions | |
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| Problems | |
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| Prosecutorial Discretion in Plea Bargaining | |
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| Gary Fields and John Emshwiller-Federal Guilty Pleas Soar as Bargains Trump Trials | |
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| Questions | |
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| Pretrial Diversion for Defendants | |
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| Notes and Questions | |
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| Selective Prosecution | |
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| Wayte v. United States | |
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| United States v. Armstrong | |
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| United States v. Bass | |
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| Notes and Questions | |
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| Problems | |
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| Vindictive Prosecution | |
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| United States v. Goodwin | |
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| Notes and Questions | |
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| Problem | |
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| Case Screening: Preliminary Hearings and Grand Juries | |
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| Introduction | |
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| Preliminary Hearings | |
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| Screening | |
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| Pretrial Discovery | |
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| Future Impeachment | |
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| Perpetuation of Testimony | |
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| Pretrial Release | |
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| Plea Bargaining | |
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| Waiver | |
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| Problems | |
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| Grand Juries | |
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| Selection of the Grand Jury | |
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| Problems | |
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| Scope of Grand Jury Investigation | |
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| Grand Jury Secrecy | |
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| The Grand Jury as a Shield | |
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| United States v. Williams | |
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| Notes and Questions | |
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| The Grand Jury as a Sword | |
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| Fifth Amendment Rights Applicable to Testimony | |
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| Hoffman v. United States | |
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| Notes and Questions | |
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| Grand Juries-Continued | |
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| Fifth Amendment Rights Applicable to Compliance With a Subpoena Duces Tecum | |
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| Doe v. United States | |
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| Notes and Questions | |
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| The Use of "Compelled" Disclosures in Subsequent Proceedings | |
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| United States v. Hubbell | |
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| Notes and Questions | |
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| Discovery and Disclosure | |
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| Notice and Motion for Bill of Particulars | |
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| Discovery of Exculpatory Evidence | |
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| Brady v. Maryland | |
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| United States v. Bagley | |
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| Notes and Questions | |
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| Problems | |
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| Preservation of Evidence | |
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| Arizona v. Youngblood | |
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| Notes | |
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| Problems | |
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| Discovery Under Rules and Statutes | |
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| Notes and Questions | |
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| Problems | |
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| Discovery by the Prosecution | |
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| Williams v. Florida | |
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| Notes and Questions | |
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| Regulation of Discovery | |
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| Note | |
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| Joinder and Severance | |
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| Joinder and Severance of Offenses | |
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| Problems | |
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| Joinder and Severance of Defendants | |
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| Questions | |
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| Problems | |
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| Pre-Charge Delay and Speedy Trial | |
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| Delay in Bringing the Charge | |
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| United States v. Lovasco | |
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| Notes and Questions | |
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| Problem | |
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| Delay in Bringing Defendant to Trial | |
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| Barker v. Wingo | |
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| Notes | |
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| Doggett v. United States | |
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| Notes and Questions | |
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| Problems | |
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| Statutory Prompt Disposition Provisions | |
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| Note | |
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| Problems | |
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| The Right to Counsel | |
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| Generally | |
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| Betts v. Brady | |
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| Gideon v. Wainwright | |
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| Notes | |
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| Problem: Strained Resources | |
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| Argersinger v. Hamlin | |
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| Notes | |
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| Problems | |
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| Waiver of the Right to Counsel | |
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| Faretta v. California | |
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| Note: Convicted Killer's Right to Proceed Pro Se | |
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| Problems | |
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| Iowa v. Tovar | |
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| Indiana v. Edwards | |
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| Problems | |
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| Exercise | |
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| McKaskle v. Wiggins | |
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| Problems | |
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| Ineffective Assistance of Counsel | |
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| Strickland v. Washington | |
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| Notes | |
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| Problems | |
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| Missouri v. Frye | |
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| Note | |
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| Florida v. Nixon | |
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| Note | |
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| Rompilla v. Beard | |
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| Notes and Questions | |
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| Glover v. United States | |
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| Notes and Problems | |
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| Exercise | |
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| Conflicts of Interest | |
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| Cuyler v. Sullivan | |
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| Notes | |
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| Problems | |
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| The Griffin-Douglas Doctrine | |
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| Halbert v. Michigan | |
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| Ake v. Oklahoma | |
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| Problem | |
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| Guilty Pleas | |
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| Introduction | |
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| Policy Concerns | |
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| Robert E. Scott & William J. Stuntz-Plea Bargaining as Contract | |
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| Notes and Questions | |
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| Chester Mirsky-Plea Reform Is No Bargain | |
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| The Legal Requirements of a Valid Guilty Plea | |
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| Boykin v. Alabama | |
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| Notes and Questions | |
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| Problem | |
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| United States v. Ruiz | |
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| Notes and Questions | |
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| Plea Negotiation Roles | |
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| Albert W. Alschuler-The Prosecutor's Role in Plea Bargaining | |
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| Note | |
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| Albert W. Alschuler-The Defense Attorney's Role in Plea Bargaining | |
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| Exercise | |
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| Withdrawing a Guilty Plea | |
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| Jury Trials | |
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| Right to Jury Trial | |
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| Blanton v. City of North Las Vegas | |
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| Notes and Questions | |
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| Jury Size and Unanimity | |
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| Williams v. Florida | |
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| Notes | |
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| Apodaca v. Oregon | |
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| Notes and Questions | |
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| Selecting Prospective Jurors | |
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| The Fair Cross-Section Requirement | |
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| Duren v. Missouri | |
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| Notes and Questions | |
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| Jury Selection Process | |
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| Notes and Questions | |
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| Constitutional Limits on Peremptory Challenges | |
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| Miller-El v. Dretke | |
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| Notes and Questions | |
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| The Right to Confrontation | |
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| Modern Confrontation Clause Analysis | |
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| Crawford v. Washington | |
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| Problems | |
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| Distinguishing Testimonial Statements From Statements Made for the Purpose of Resolving an On-Going Emergency | |
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| Hammon v. Indiana; Davis v. Washington | |
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| Notes and Problems | |
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| Implied Waiver of Confrontation Clause Rights: Forfeiture by Wrong-doing | |
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| Problems | |
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| Expert Reports and Confrontation | |
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| Melendez-Diaz v. Massachusetts | |
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| Notes and Problems | |
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| Notes and Problems | |
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| Violent Crime and Confrontation | |
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| Michigan v. Bryant | |
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| Problem | |
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| The Bases of Expert Testimony | |
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| Williams v. Illinois | |
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| Notes and Problems | |
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| Confrontation in Sexual Assault Cases | |
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| Notes and Problems | |
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| Freedom of the Press and Fair Trials | |
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| Failing to Control the Press | |
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| Sheppard v. Maxwell | |
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| Pretrial Publicity and Defendant's Right to a Fair Trial | |
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| Change of Venue | |
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| United States v. Lindh | |
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| Notes | |
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| Problems | |
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| Due Process and Pretrial Publicity | |
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| Shilling v. United States | |
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| Notes | |
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| Problems | |
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| Gagging the Press | |
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| Nebraska Press Association v. Stuart | |
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| Notes | |
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| Problems | |
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| Press Access to Judicial Proceedings | |
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| Globe Newspaper Co. v. Superior Court | |
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| Press-Enterprise Co. v. Superior Court | |
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| Notes | |
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| Problems | |
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| Broadcasting Legal Proceedings | |
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| Chandler v. Florida | |
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| Notes | |
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| Sentencing | |
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| Sentencing Procedures | |
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| Proportionality of Punishment | |
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| Ewing v. California | |
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| Notes and Questions | |
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| The Right to a Jury Trial Meets Sentencing: Apprendi's Sea Change | |
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| Apprendi v. New Jersey | |
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| Notes | |
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| United States v. Booker | |
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| Notes and Questions | |
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| Double Jeopardy | |
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| Double Jeopardy and the Joinder of Offenses | |
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| Notes | |
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| Problems | |
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| Collateral Estoppel (Issue Preclusion) and the Joinder of Offenses | |
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| Ashe v. Swenson | |
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| Notes | |
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| Termination of the Case by Dismissal or Acquittal | |
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| United States v. Scott | |
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| Notes and Questions | |
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| Termination of the Case by Conviction | |
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| Lockhart v. Nelson | |
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| Notes and Questions | |
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| Problem | |
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| Retrials and Increased Penalties | |
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| North Carolina v. Pearce | |
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| Notes | |
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| Post-Trial Motions and Direct Appeals | |
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| Review by the Trial Court | |
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| Trial De Novo | |
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| Motions for New Trial and to Set Aside the Verdict | |
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| Problems | |
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| Direct Appeal in the State Courts | |
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| The Right to Appeal | |
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| Standards of Review | |
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| Structural Errors and Harmless Error Review | |
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| Chapman v. California | |
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| Notes | |
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| Plain Error Review | |
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| United States v. Olano | |
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| Note | |
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| Review for Sufficiency of the Evidence | |
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| Waiver of the Right to Appeal | |
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| Problem | |
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| Ethics and the Frivolous Appeal | |
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| Appeals of Last Resort | |
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| Collateral Remedies | |
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| Introduction | |
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| Williams v. Taylor | |
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| Notes | |
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| Custody | |
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| Garlotte v. Fordice | |
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| Note | |
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| Violations of Federal Law | |
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| Stone v. Powell | |
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| Notes | |
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| Exercise | |
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| Problems | |
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| Williams v. Taylor | |
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| Carey v. Musladin | |
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| Notes | |
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| Exhaustion of Remedies | |
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| Notes and Questions | |
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| Abuse of the Writ and Procedural Default | |
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| Successive Petitions as an Abuse of the Writ | |
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| Slack v. McDaniel | |
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| Notes | |
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| Procedural Default | |
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| Wainwright v. Sykes | |
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| Notes | |
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| Problem | |
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| Claims of Actual Innocence as "Gateways" to Federal Habeas Corpus Review | |
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| Note | |
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| Index | |