Important Cases Flashcards
Apprendi
Jury must make findings to increase sentence over statutory max OTHER than prior convictions
Blakely v Washington
6th amendment right to jury trial violated if judge increases sentence outside of guideline range without jury finding
Brady
Exonerating, exculpatory or impeaching evidence held by the state
Giglio
State must disclose anything material affecting credibility of a witness
Spencer v Florida
Death penalty hearing for defense to present evidence after jury finds death
Strickland v Washington
IAC two things:
-counsel’s performance fell below an OBJECTIVE standard of reasonableness
-Reasonable probability it would have changed outcome
Faretta v California
Constitutional right to represent yourself but must be knowing and intelligent waiver of counsel
Alford pleas
Best interest plea not an admission
Nebbia hearing
Legit source of bond—not in FL but in federal
Alcorn violation
When attorney doesn’t convey plea offer, prejudice prong is different for Strickland analysis
Allen charge
Encourage deadlocked jury to reach a verdict
Nelson hearing
Should court appointed counsel be removed
Melbourne objection
Race challenge—reaffirmed Neil basically—burden on party using the strike to give race neutral reason and not pretextual
Batson challenge
Race neutral reason
Ring v Arizona
Jury must decide aggravating factors for death penalty
Franks challenge
Challenging a search warrant based on false info—burden is on defendant!
Arthur hearing standard
Proof evident, presumption great
Huff hearing
Determines if evidentiary hearing appropriate in post conviction
Atkins hearing
Determines if D is mentally retarded and ineligible for death penalty
Bruton Violation
Can’t use co-defs confession implicating def
Garcia hearing
Waiving conflict in being rep’d by same lawyer
Quarterman agreement
Sentence up to max if no show for sentencing
Jackson v state (test for due process violation and pre indictment delay)
Substantial prejudice to the deft AND bad faith on behalf of the state
Can judge use failure to accept responsibility in sentencing?
Only if give up right to remain silent and claimed innocence/blamed others
Can you concede guilty for the defendant
Yes if they are not expressly objecting
When can state comment on defense not presenting evidence
Affirmative defense—alibis, self defense, defense of others
Brown v. State (FL Supreme Court 2018)
Upward departures are not allowed unless jury findings—does not apply retroactively, even for cases that were on appeal at the time
Graham v Florida
No life without parole for non-homicide offenders under 18
Miller v Alabama
Mandatory life without parole not ok
Carpenter v US
Cell sites—need a warrant! Expectations of privacy from the 4th amendment for location
