News & Analysis as of

Fourteenth Amendment Criminal Prosecution

Ogletree, Deakins, Nash, Smoak & Stewart,...

MIOSHA Issues Agency Instruction, Clarifying Procedures for Conducting Interviews During Enforcement Investigations

On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that...more

Law School Toolbox

Law School Toolbox Podcast Episode 301: Listen and Learn -- The Confrontation Clause

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the Fourteenth Amendment, specifically the Confrontation Clause. Confrontation Clause issues are commonly tested in...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 137: Listen and Learn -- The Confrontation Clause

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the Fourteenth Amendment, specifically the Confrontation Clause. Confrontation Clause issues are commonly tested in...more

Fox Rothschild LLP

The Ups And Downs (And Up Again?) Of A Batson Challenge

Fox Rothschild LLP on

In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prevents prosecutors in criminal cases from exercising peremptory challenges to excuse...more

Proskauer - Minding Your Business

Divided Supreme Court Rules that State Jury Verdicts for Serious Crimes Must Be Unanimous

On April 20, 2020, the Supreme Court held in a 6-3 decision that the Sixth Amendment requires a unanimous jury verdict to convict a defendant of a serious offense in state courts. In so holding, the Court not only paved the...more

Vinson & Elkins LLP

SCOTUS Rules That Sixth Amendment Requires Unanimous Jury Verdicts For Criminal Convictions In Federal And State Courts

Vinson & Elkins LLP on

On April 20, 2020, the Supreme Court issued an opinion in Ramos v. Louisiana, ruling that the Sixth Amendment of the U.S. Constitution requires unanimous jury verdicts for a conviction in a criminal case. In a split decision,...more

Allen Matkins

Did This Corporation’s Law Firm Unwittingly Join The Criminal Prosecution Team?

Allen Matkins on

In Brady v. Maryland, 373 U.S. 83 (1963), the Supreme Court held that the prosecution has a duty under the Fourteenth Amendment’s due process clause to disclose evidence to a criminal defendant. The former Chief Executive...more

Dorsey & Whitney LLP

The Supreme Court - June 2016 #7

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: McDonnell v. United States, No. 15-474: Former Virginia Governor Robert McDonnell and his wife, Maureen McDonnell, were federally indicted...more

Hinshaw & Culbertson LLP

Supreme Court Rules that Pennsylvania Justice's Previous Involvement in Case Represented an Impermissible Risk of Bias

In a recent opinion, Williams v. Pennsylvania, --- S.Ct. ----, 2016 WL 3189529 (June 9, 2016), a divided United States Supreme Court held that judges must recuse themselves in cases in which they previously played a...more

Brooks Pierce

Supreme Court Says Prosecutors Can’t Judge the Cases They Prosecute

Brooks Pierce on

Not all of the justices would put it that way. To be fair to the dissenters, and because his version is shorter, we’ll use Justice Thomas’s description of the underlying facts from his dissent in Williams v. Pennsylvania,...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

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