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79 Cards in this Set
- Front
- Back
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Argersinger
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Right to counsel if imprisonable
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Griffin
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indigents get access to transcripts
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Ake
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Basic tools
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Anders
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withdraw from appeal
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Faretta
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Pro se is constitutional right
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Zerbst
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waiver of counsel must be knowing and intelligent
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McKasle
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Pro se D preserves actual control and jury perception
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Tovar
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pro se guilty pleas
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Morris v slappy
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right to competent, not meaningful, representation
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Brady
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favorable and material info must be disclosed
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Bagley
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"material" under Brady implicates confidence in a "fair trial"
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Banks
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not correcting unttrue statements falls under Brady disclosures
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Darden
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inflammatory closing statements
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Batson
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Peremproty challenges
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Wolf
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Exlusion is a remedy, not a mandate
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Leon
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Good faith exception
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Sheppard
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different warrant form
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Ramirez
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deficiencies as to the particularity requirement are per se unreasonable
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Calandra
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some proceedings don't have exclusion (grand jury, etc.)
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Greenwood
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garbage
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Oliver
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open fields
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Riley
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could anyone fly over?
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Bryant
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police's vantage point
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Kyllo
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technology
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Place
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dogs outside luggage not a search
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Illinois v Gates
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TOC probable cause inqury
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Pringle
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PC is not a numerical inquiry--reasonable inference of common enterprise
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Ybarra
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searching others on warranted premises need PC
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Watson
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warrants are not constitutional necessity
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Robinson
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search incident to arrest rules
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Wren
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probable cause is objective inquiry
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Chimel
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whole house is not a SILA
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Buie
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Protective sweep
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hicks
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plain view
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McArthur
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lockdown
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Payton
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need warrant for home arrests
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Carney
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PC for car searches
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Chadwick
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Warrant for closed containers
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Ross/Acevedo
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closed containers in cars
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Thornton
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whole car for SILA
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Bertine
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automobile inventory
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Bostick
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questions are not a search if the person is free to leave
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Hodari
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a seizure is marked by "force or authority"
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Wardlow
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reasonable suspicion is a TOC test
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Sharpe
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Reasonable suspicion: diligently dispel suspicion
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Caballes
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Terry stops are defined by time
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Escobedo
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6th amendment attaches when adversarial proceedings commence
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Miranda
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custodial interrogation needs safeguards
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Harris
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Miranda defects may be used to impeach
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Edwards
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initiation under Miranda
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McKnight
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Miranda waiver needn't be rational, nust knowing and voluntary
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Duckworth
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touch all the bases
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Yarborough
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custody is an objective test
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Innis
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interrogation: police should know are reasonably likely to elicit incriminating response
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Perkins
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if D doesnt know interrogator is an agent, no Miranda problem.
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Muniz
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routine booking questions
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Butler
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police should clear up obvious misunderstandings about miranda
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Fare
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need to ask for a LAWYER
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Mosely
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right to silence must be scrupulously honored
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Edwards
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D must initiate
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Roberson
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Miranda invocation forcloses discussion on all crimes
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Bradshaw
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initiation must evince a desire for a generalized discussion about the investigation
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Jackson
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analogue to Edwards
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McNiel
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6th amendment is offense specific
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Burbine
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D must REQUEST counsel, its not enough that counsel is retained for him
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Estelle
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psychiatrist can be an interrogator
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Elstad
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2d confession after accidental Miranda violation is not fruit
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Patane
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physical evidence from a Miranda violation is admissible
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Seibert
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2d confessions have to be good faith
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Miller v Fenton
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voluntariness: overbear will of someone with Ds characteristics
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Connelly
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must be POLICE overreaching to exclude
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Williams
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6th amendment requires deliberate elicitation:
chrisitan burial speech |
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Kuhlmann
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passive listener is okay
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Rakas
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standing depends on legit expectations
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Carter
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standing factors
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Brown
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attenuation fruit factors
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Segura
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independant source
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ceccolini
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live witnesses are more likely to come forward
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williams
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inevitable discovery
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