Constitutional Law—Imposition of a Suspended Sentence in a Misdemeanor Case Invokes a Defendant’’s Sixth Amendment Right to Counsel—Alabama v. Shelton, 535 U.S. 654 (2002)

Feb 3, 2004 | Case Comments, Number 1, Print Edition, Volume 37

The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right to the assistance of counsel.  Initially, the right to counsel extended only to felony cases but gradually expanded to include misdemeanor cases that result in...

Constitutional Law——The First Amendment Protection of Commercial Speech Involving the Advertisement of Compounded Drugs——Thompson v. Western States Medical Center, 535 U.S 357 (2002)

Feb 3, 2004 | Case Comments, Number 1, Print Edition, Volume 37

The Federal Food, Drug, and Cosmetic Act of 1938 sets forth regulations for prescription drug manufacturing, marketing, and distribution.  In Thompson v. Western States Medical Center, the United States Supreme Court considered whether the Food and Drug Administration...

Constitutional Law―Trapping Inmates: Due Process Analysis Applied to Privilege Against Self-Incrimination——McKune v. Lile, 536 U.S. 24 (2002)

Jan 19, 2004 | Case Comments, Number 1, Print Edition, Volume 37

The Fifth Amendment to the United States Constitution guarantees an individual the right against self-incrimination.  The compulsion component protects individuals from particular coercive threats or penalties that the State imposes upon an individual refusing to...

Constitutional Law——Judge’’s Imposition of Death Penalty Violates Sixth Amendment’’s Right to a Trial by Jury——Ring v. Arizona, 536 U.S. 584 (2002)

Jan 19, 2004 | Case Comments, Number 1, Print Edition, Volume 37

The Sixth Amendment to the Constitution of the United States grants jury trial rights to criminal defendants.  In Ring v. Arizona, the Court considered whether a trial judge may impose the death penalty and therefore increase a criminal defendant’’s jury imposed...

Constitutional Law——Capital Punishment of Mentally Retarded Defendants is Cruel and Unusual Under the Eighth Amendment——Atkins v. Virginia, 536 U.S. 304 (2002)

Jan 19, 2004 | Case Comments, Number 1, Print Edition, Volume 37

The Eighth Amendment to the United States Constitution prohibits the imposition of cruel and unusual punishments.  The Eighth Amendment also bars “”excessive”” punishment that is not graduated and proportioned to the offense.  Courts must look to...

Constitutional Law——When Controversial Trial Tactics Satisfy a Defendant’’s Right to the Effective Assistance of Counsel——Bell v. Cone, 535 U.S. 685 (2002)

Jan 19, 2004 | Case Comments, Number 1, Print Edition, Volume 37

The Sixth Amendment to the United States Constitution guarantees all criminal defendants the right to counsel.  Due to the confusion that existed as to whether the right to “”counsel”” meant the right to ““effective counsel,”” the United States...