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Criminal Law

: Harmful Error

US Supreme Court issues 3 decisions

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Greenlaw v. United States - addressing whether a federal court of appeals may increase a criminal defendant's sentence in the absence of a cross-appeal by the government. The ruling below, which increased the defendant's sentence, is vacated and remanded. Justice Ginsburg wrote the opinion. Justice Alito dissented, joined by Justice Stevens and joined in part by Justice Breyer. Rothgery v. Gillespie County - addressing the point at which adversarial proceedings have been initiated against an individual for purposes of triggering his Sixth Amendment right to appointed counsel. The ruling below, which found for the state, is vacated and remanded. Justice Souter wrote the opinion. The Chief Justice and Justice Alito wrote concurring opinions...continue to full post

Full post as published by Harmful Error on June 23, 2008 (boomark / email).

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