Criminal Procedure: Adjudication

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49 Terms

1
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Gerstein

Judicial determination of probable cause must be prompt.

2
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McLaughlin

48-hour line for presumptive promptness

3
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18 U.S.C. §3142

federal pretrial detention

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Watkins

residual clause

5
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Boustani

flight risk

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Stack

constitutionally excessive bail

7
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ODonnell

nonindividualized bail

8
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Batchelder

choice of offense

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Inmates of Attica

judical compulsion of prosecution

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In re United States

judicial refusal to dismiss prosecution

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Armstrong

selective prosecution

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Rule 6

grand-jury rule

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Harmon

knowing use of false testimony or evidence

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Williams

No prosecutorial duty to present substantial exculpatory evidence

15
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Calandra

Exclusionary rule inapplicable to grand jury

16
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Costello

Rules of evidence inapplicable to grand jury

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Bank of Nova Scotia

Harmless-error analysis for nonstructural grand-jury error before guilty verdict; dismissal for structural grand-jury error.

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Mechanik

Post-guilty-verdict nonstructural error harmless per se

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Bell

rule of lenity

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Russell

lack of specificity

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Reseniz-Ponce

implicit element

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Miller

narrowing the indictment

23
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Stirone

broadening the indictment

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Rule 8

improper joinder

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Rule 14

prejudicial joinder

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Zafiro

prejudicial-joinder factors

27
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Cabrales

proper venue

28
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Ramirez-Amaya

venue for conspiracy

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Rodriguez-Moreno

venue for a “during and in relation to” crime

30
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Gideon

right to appointed counsel

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Scott

actual imprisonment

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Gagnon

right to appointed counsel for indigent probationer or parolee

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Faretta

right to self-representation

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McKaskle

standby counsel

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Bagley

client control

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Strickland

ineffective assistance of counsel

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Cronic

presumptive ineffectiveness

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Rule 16

disclosures

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Rule 26.2

witness-statement disclosures

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Brady

duty to disclose exculpatory evidence

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Bagley

material = reasonable probability

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Kyles

government’s evidence considered collectively

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Giglio

impeachment evidence

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Youngblood

failure to preserve potentially useful evidence

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Bruton

nontestifying codefendant’s confession

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Speedy Trial Act

speedy-trial statute

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Doggett

excessive delay

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Barker

speedy-trial violation

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Strunk

Remedy is only possible remedy for Speedy Trial Clause violation