CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Friday, December 4, 2009

Next Week's Criminal Law and Procedure Arguments

Description of issue from ScotusWiki, where you can also find links to briefs and opinions below:

Monday

Florida v. Powell: Must a suspect be expressly advised to his right to counsel during questioning and if so, does the failure to provide this express advice vitiate Miranda v. Arizona?

Tuesday

Black v. United States: Whether the “honest services” clause of 18 U.S.C. § 1346 applies in cases where the jury did not find - nor did the district court instruct them that they had to find - that the defendants “reasonably contemplated identifiable economic harm,” and if the defendants’ reversal claim is preserved for review after they objected to the government’s request for a special verdict.

Weyhrauch v. United States: Whether, to convict a state official for depriving the public of its right to the defendant’s honest services through the non-disclosure of material information, in violation of the mail-fraud statute (18 U.S.C. Sec. 1341 and 1346), the government must prove that the defendant violated a disclosure duty imposed by state law.

http://lawprofessors.typepad.com/crimprof_blog/2009/12/next-weeks-criminal-law-and-procedure-arguments.html

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