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22 Cards in this Set
- Front
- Back
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Mapp v OH facts
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1961 decision
Cleveland police officers broke into Miss Mapp's apartment w/o a warrant and found lewd writings. OH admitted the evidence. |
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Mapp v OH justices
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Clark- opinion
Black, Douglas- concurances Stewart- memorandum Harlan w/Frankfurter and Whittaker- Dissent |
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direct appeal
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first time up the appellate system: trial, mandatory appeal, discretionary appeal, discretionary USSC appeal. Involves record evidence.
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post-conviction appeal
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appeals after direct appeals. Involve evidence not in the record.
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habeas corpus petition
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Claim of violation of federal Constitutional rights.
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comity
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SC will not hear appeals to decisions based on adequate and independent state grounds out of comity and to avoid advisory opinions. Comity is due deference given by the authorities of one State to the official acts of another State; Comity is a term used in international law (and in the law governing relations between U.S. states) to describe an informal principle that nations will extend certain courtesies to other nations, particularly by recognizing the validity and effect of their executive, legislative, and judicial acts.
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adequate and independent state grounds
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Support for a decision can be justified purely on state law without having to interpret federal law.
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case and controversy
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real dispute.
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advisory opinion
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opinion which decides a case which is not in real dispute.
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when is fed law implicated?
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Fed jurisdiction where 1) fairly appears to rest primarily on state law, 2) interwoven with the federal law, 3) ambiguous wrt fed law. Otherwise plain statement rule applies.
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plain statement rule
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if a state ct wants to decide the case purely on state grounds, it must make a plain statement to that effect. "Based on state law alone . . ."
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How does the federal constitution apply to the states?
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14 am due process and equal protection clauses.
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incorporation
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SC has selectively incorporated the bill of rights.
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What haven't been incorporated?
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grand jury conviction and excessive bail.
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Duncan v Louisiana right involved
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federal guarantee of state trial by jury
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trial by jury
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guaranteed by 6th am for federal cts and by Duncan v Louisiana (1968).
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Duncan v Louisiana facts
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1968, Black Duncan, trying to avoid a fight between 2 cousins (recently transferred to an all-white school) and 6 whites, slapped or touched a white on the elbow, and was convicted of simple battery (2yr offence) without jury.
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case-in-chief
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issues which moving party must prove, contrast with rebuttal case.
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4th am analysis framework
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3 preliminary Qs, 3 primary Qs
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3 preliminary Qs in 4th am framework
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1) evidence in case-in-chief, 2) state action, 3) D's standing
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3 primary Qs in 4th am framework
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1) was there search or seizure, 2) was it reasonable? (if there was a warrant, was it properly excecuted or in good faith? Otherwise was there legitimate rationale for no warrant?) 3) Remedy
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cases cited in Mapp v OH
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1886 Boyd v US - 4th and 5th am, right of privacy
1914 Weeks v US - exclusionary rule 1949 Wolf v Colorado - Weeks doesn't apply to states |
