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Tag Archives: Criminal

Complete Frivolity Needed for ‘Three Strikes’ Rule (access required)

The “three strikes” rule that prohibits a prisoner from proceeding in forma pauperis if he previously filed three or more actions dismissed as frivolous only applies to actions dismissed entirely as frivolous, malicious or for failure to state a claim; ...

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Melendez-Diaz found not guilty

The U.S. Supreme Court case of Melendez-Diaz v. Massachusetts was one of the bigger criminal cases of the previous decade in establishing that laboratory experts generally must testify in person rather than by affidavit. But what happened to Luis Melendez-Diaz, ...

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Habeas Writ Reversed for Jurors’ Dictionary Use (access required)

Although jurors consulted a dictionary for definitions of terms in the judge’s criminal instructions after defendant drove his car the wrong way down an exit ramp, the 4th Circuit says defendant was not prejudiced because the dictionary definitions did not ...

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Court Suppresses Teenager’s Statement on ‘Rape’ (access required)

An investigator who approached a 17-year-old defendant “dozing” in a holding cell and told him a young woman had accused him of rape, engaged in the functional equivalent of interrogation, and a Martinsville Circuit Court suppresses the teenager’s statement that ...

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