US Supreme Court to decide whether Apprendi applies to criminal fines
The U.S. Supreme Court will decide whether criminal fines are subject to the constitutional requirement that a jury decide sentencing factors that increase a penalty beyond the prescribed statutory maximum.
Fractured court leaves law in doubt
Four justices of the Wisconsin Supreme Court agreed recently that a defendant’s custodial statements were properly suppressed, because the defendant had already been charged, had retained counsel and the authorities knew he had retained counsel.
10-1292 U.S. v. West
Sixth Amendment In court ID by lineup witnesses Where police conducted incustody lineup identifications while a defendant was unrepresented by counsel, and the district court ruled that the lineup was unduly suggestive but nonetheless held that lineup witnesses may be allowed to make incourt identifications, we reverse because the district court failed to make findings […]
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