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Criminal Law

: Sentencing Law and Policy

New SCOTUS cert grants on a number of criminal procedure issues

By Douglas A. Berman

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As detailed in this order list, the Supreme Court this morning granted cert in five new cases and it appears that at least three involve criminal justice matters.  Sentencing fans should not get too excited, however, as it appears that the three cases involve Fourth, Fifth and Sixth Amendment pre-trial issues.  The cases still seem likely to garner significant buzz; they deal with various high-profile procedural concerns involving the exclusionary rule, Miranda warnings, and right to counsel.  This post by Lyle Denniston at SCOTUSblog spotlights some of the particulars.  As detailed in Lyle's post, sentencing fans might want to keep an eye on the right to counsel case if it gets past a procedural hurdle: The Court took on a potentially significant case on the right of a poor person to have a lawyer when facing a possible jail sentence, but indicated that the case may have jurisdictional problems...continue to full post

Full post as published by Sentencing Law and Policy on November 01, 2010 (boomark / email).

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