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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 | |