Federal court reaffirms First Amendment right to film police
Federal court reaffirms First Amendment right to film police Mary D. Fan is a former federal prosecutor in the Southern District of California, current law professor at the University of…
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Watts v. United States – True Threat Test – 1st Amendment
Watts v. United States – True Threat Test – 1st Amendment In Watts v. United States, 394 U.S. 705 (1969), the Supreme Court held, without the benefit of oral argument,…
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Fighting Discovery Abuse in Litigation – Forensic & Investigative Accounting
Discovery Abuse Our blog for this week discusses discovery abuse. “Discovery” is the stage in a lawsuit where parties to a case have a right to obtain evidence from opposing…
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Can a Store Legally Check Your Bag or Make You Show a Receipt?
Can a Store Legally Check Your Bag or Make You Show a Receipt? The last thing you want to hear while exiting a retailer is the familiar beep of the…
9th Amendment – Ninth Amendment
9th Amendment – Ninth Amendment Ninth Amendment The 9th amendment of the Bill of Rights to the United States Constitution addresses rights, retained by the people, that are not specifically…
CAMPBELL V WALKER – Right to Use of Highway – 8th Amendment
Campbell v. Walker, 25 Del. 41, 2 Boyce 41 (1910) Dec. 2, 1910 · Delaware Superior Court · No. 65 25 Del. 41, 2 Boyce 41 Mary E. Campbell vs.…
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Confrontation Clause – Sixth Amendment
Confrontation Clause – Sixth Amendment Confrontation Clause The Sixth Amendment’s Confrontation Clause provides that, “n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted…
Successful Brady/Napue Cases – Suppression of Evidence
Successful Brady/Napue Cases – Suppression of Evidence Habeas Assistance and Training 09/06/17 Successful Brady/Napue Cases -1 SUCCESSFUL BRADY/NAPUE CASES (Updated September 6, 2017) * capital case I. UNITED STATES SUPREME…
Cases Remanded or Hearing Granted Based on Brady/Napue Claims
Cases Remanded or Hearing Granted Based on Brady/Napue Claims Habeas Assistance and Training 09/09 1 Remand or Hearing on Brady/Napue Claim CASES REMANDED OR HEARING GRANTED BASED ON BRADY/NAPUE CLAIMS…
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Miller v. California – 3 Prong Obscenity Test – 1st Amendment
Miller v. California – 3 Prong Obscenity Test – 1st Amendment Miller v. California – Obscenity – 1st Amendment Miller v. California (1973) by Warren E. Burger & William O.…