3) Criminal Procedure Outline - Mancini

3) Criminal Procedure Outline - Mancini - Appeal by John...

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Session 1: 6 th Amendment Speedy Trial Rights: Arraignment within 48 hours from arrest/booking Misdemeanor has no preliminary hearing Felony has preliminary hearing Incorporation Doctrine Fundamentals Rights Approach Palco v. Connecticut Total Incorporation How to write an essay: The first issue appears to be whether there has been a 4 th Amendment violation with respect to the search of defendant. The 4 th Amendment has been selectively incorporated to the states via the due process clause of the 14 th Amendment. 1965 New Ruling - Applied Prospectively, gains forward,
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Unformatted text preview: Appeal by John Doe, (Direct Attack) All others effected (collateral attack) Direct Review, New Rules Applies Retroactively to all cases pending on direct review. (Breaks new ground) 1989 (Collateral Review) All others get benefit of new rule. Dictated by fundamental fairness. Session 2 : Exclusionary Rule US v. Leon Katz v. US 2 prong requirement from concurring opinion: reasonable expectation of privacy On previous exam: Inevitable discovery rule (Independent source exception)...
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