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Blog Posts in February, 2013

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  • Does the Sixth Amendment Require Criminal Defense Counsel to Advise of Deportation Resulting from a Plea?
    Does the Sixth Amendment Require Criminal Defense Counsel to Advise of Deportation Resulting from a Plea?

    In Padilla v. Kentucky, 130 S.Ct. 1473 (2010), the United States Supreme Court answered this question in the affirmative. The accused's Sixth Amendment Right is violated when defense counsel fails to ...

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  • Is it Constitutional to Take DNA Samples from Arrestees?
    Is it Constitutional to Take DNA Samples from Arrestees?

    The U.S. Supreme Court is to decide this very issue this term (in fact, oral argument is today). Maryland along with many states, including California (i.e. Pen C 296(a)), have enacted laws to permit ...

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  • Should Double Jeopardy Bar Re-trial?
    Should Double Jeopardy Bar Re-trial?

    If a court errs in granting a dismissal mid-trial, should a defendant be subject to re-trial? This is the subject of a most recent case decided by the U.S. Supreme Court. In Evans v. Michigan, the ...

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  • K-9s Alerting to Search Only Need Training
    K-9s Alerting to Search Only Need Training

    Yesterday, February 19, 2013, the U.S. Supreme Court issued its decision that K-9 alerts for searches need only have detection training. In the Florida vs. Harris decision, the high Court overturned ...

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  • US Sentencing Guidelines Again Violate Constitution
    US Sentencing Guidelines Again Violate Constitution

    Previously, the U.S. Supreme Court struck down the United States Sentencing Guidelines ("USSG" or "Guidelines")because Courts need to consider wider ranges of factors for sentencing a defendant than ...

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