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Updated Tuesday, March
20th 2012 6:02 p.m.
Birmingham School of Law Criminal Procedure 2 Spring 2012 Tuesday and Saturday Sections 6:30 – 8:45 p.m. 9:00 a.m. – 11:15 a.m. FNB – 3rd or 2nd Floor Classrooms (or wherever
there is HVAC and no leaking water). |
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Course Website: 2012 Updated BSOL
CRIM PRO 1 and 2.pdf Updated as of March 20, 2012 – Does
not include cases released after this date. |
Instructor: V. Michelle Obradovic, Esq. 205 20th Street North, Ste. 319 Birmingham, AL 35203 Office: 205-414-7589 Cell or Text Message: 205-602-5014 Also - Room 540-1
JCC (716 Richard Arrington Blvd. N.) |
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CLASS PROTOCOL for MICHELLE O.’S
SECTIONS Attendance and class participation
for every class is mandatory. Specific
students have been given case assignments each week. These cases are due to be briefed and
discussed in class. Students may
coordinate amongst themselves on these case briefing assignments,
however the students who received the case assignment and are absent or
unprepared will be docked ½ letter grade off their final course grade as a
penalty, no exceptions. Each lecture class will include a
PowerPoint slide presentation and other digital materials designed to
emphasize key points. The slides will
be made available to students in digital form and students are encouraged to
follow along with them during the lecture and to revisit them in their
individual study groups. Saturday students who miss a lecture
class may attend the Tuesday class as a make-up and Tuesday students who
anticipate missing class may attend the Saturday class in advance. It does not work in revers because the
Saturday class always gets that week’s lecture first. Guest BSoL
students and instructors are welcome in our sections. On a situation by situation basis, a
student may be given permission to participate in class by teleconference or
by webcam. The student who receives
such permission must coordinate the technology themselves and the arrangements
must not disrupt the other students.
Example emergencies would be: a
local weather event such as a tornado; hospitalization/recovery; travel for
work or with your family; car trouble on the way to school or a documented
highly contagious disease. Students are free to move about during
class and to engage in whatever activities support their alertness so long as
they are not disruptive to other students.
Example disruptive activities would be smelly food, noisy food,
reeking of alcohol, side conversations (written, verbal or electronic) and
doing things on your computer that everyone around you wants to see. |
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CLASS MEMBER OBLIGATIONS for
MICHELLE O.’S SECTIONS Students are responsible for
understanding all of the material included in the following publications and
for having a working recollection of the 4th 5th and 6th Amendments to the
U.S. Constitution. U.S. Constitution - Amendment 4 - Search and Seizure. 12/15/1791 The right of the people to be secure
in their persons, houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized. U.S. Constitution - Amendment 5 -
Trial and Punishment, Compensation for Takings. 12/15/1791 No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject for
the same offense to be twice put in jeopardy of life or limb; nor shall be compelled
in any criminal case to be a witness against himself, nor be deprived of
life, liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation. U.S. Constitution - Amendment 6 -
Right to Speedy Trial, Confrontation of Witnesses. 12/15/1791 In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.
Title:
Criminal Procedure – Investigation / Adjudication Imprint: Aspen Publishers 2011 SUPPLEMENT: ·
(available
after August 15, 2011) ·
ISBN-10: 0735507317 ISBN-13: 978-0735507319 The 2011 supplement will include new developments in
the law from the current Supreme Court term and the materials which were
previously published in the 2008 and 2009 and 2010 Supplements to our
textbook. The anticipated content includes the following: ADDITIONAL CASES WILL BE ADDED WHEN THE UNITED STATES
SUPREME COURT SHOWS AN INTEREST IN AN AREA RELEVANT TO CRIMINAL PROCEDURE OR
ISSUES AN OPINION THAT IMPACTS PART 1 OR PART 2 OF THIS COURSE. Virginia v.
Moore 553 U.S. 164 (2008) 128 S. Ct. 1598 (2008) Arizona v. Gant 556 U.S. _____ (2009) 129 S. Ct.
1710 (2009) Arizona v.
Johnson 555 U.S. _____ (2009) 129 S. Ct. 781 (2009) Safford Unified School District #1 v.
Redding 557 U.S. _____
(2009) 129 S. Ct. 2633 (2009) Herring v. United States 555 U.S. _____ (2009) 129 S. Ct.
695 (2009) Michigan v.
Fisher 558 U.S. ______ (2009) 130 S. Ct. 546 (2009) Corley v.
U.S. 556 U.S. _____ (2009) 129 S. Ct. 1558 (2009) Montejo v. Louisiana 556 U.S. ______ (2009) 129 S. Ct.
2079 (2009) Yeager v.
U.S. 557 U.S. _____ (2009) 129 S. Ct. 2360) (2009) Kansas v. Ventris 556 U.S. ____ (2009) 129
S. Ct. 1841 (2009) Melendez-Diaz v. Massachusetts 557 U.S. ____ (2009) 129 S. Ct. 2527
(2009) Vermont v. Brillon 556 U.S. _____ (2009) 129 S. Ct. 1283 (2009) Bobby v. Van Hook
558 U.S. _____ (2009) 130 S.
Ct. 13 (2009) Porter v. McCollum 558 U.S. _____ (2009) 130
S. Ct. 447 (2009) Wong v. Belmontes
558 U.S. _____ (2009) 130 S.
Ct. 383 (2009) Maryland v
Shatzer 559 U.S. _____ (2010) 130 S. Ct. 1213 (2010). Florida v.
Powell Docket: 559 U.S. _____ (2010) ___ S. Ct. _____ (2010) Berghuis v.
Thompkins Docket: 560 U.S. _____ (2010) ____ S. Ct. _____ (2010) Ontario v. Quon 560 U.S. _____ (2010) ___ S. Ct. _____ (2010) Presley v.
Georgia 558 U.S. _____
(2010) ___ S. Ct. _____ (2010) Padilla v
Kentucky 559 U.S. _____ (2010) ___ S. Ct. _____ (2010) Davis v. United
States 564 U.S. _____ (2011) Suppression of Revolver/Gant Kentucky v. King 563 U.S.
_____ (2011) Exigent Circumstances/Police Created J.D.B. v. North
Carolina 564 U.S. _____ (2011) Super Miranda Michigan v.
Bryant 562 U.S. _____ (2011) Briscoe v. Virginia (2011) Bullcoming v. New Mexico 564 U.S. _____ (2011) Hardy v. Cross 565 U.S. _____ (2011) Bobby v. Dixon 565 U.S. _____ (2011) forgery / murder Ryburn v. Huff 11-208 Civil Rights / Exigent Circumstances –
Granted. Reversed. Remanded Camreta v.
Greene and Alford v. Greene 09-1454 Civil Rights / Interrogation of Child United States v. Jones 565 U.S. _____ (2012) Warrantless
G.P.S. Maples v. Thomas 565 U.S. _____ (2012) Missed Deadline Perry v. New Hampshire 565 U.S. _____ (2012) Suggestive I.D. Smith v. Cain 565 U.S. _____ (2012) Brady & Giglio Howes v.
Fields 565 U.S. _____ (2012) Miranda Messerschmid
v. Millender 565 U.S. _____ (2012) Broad Warrant / Civil Rights Argued –
not decided: Williams v.
Illinois 10-8505 Testimony re DNA Test Lafler v.
Cooper 10-209 and Missouri v. Frye 10-444 - IAC Plea
Bargaining Martinez v.
Ryan 10-1001 IAC Direct Appeal Blueford v. Arkansas 10-1320 Double Jeopardy March 19-28
Oral Arguments: Vasquez v.
U.S. 11-199 error or harmless error / tainted evidence Questions Presented 11-00199qp.pdf Miller v.
Alabama 10-9646 life sentences for
juveniles Questions
Presented - 10-09646qp.pdf and Jackson v. Hobbs
10-9647 Questions
Presented - 10-09647qp.pdf Argument not yet set: Florida v. Jardines 11-564 dog sniff at front
door of suspected grow house / search / probable cause Statutory
Material: Selected
Federal Rules of Criminal Procedure Selected
Sections from U.S. Code Title 18, Crimes and Criminal Procedure Selected
Sections from U.S. Code Title 28, Judiciary and Judicial Procedure |
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EXAM INFORMATION The final exam will consist of 50
application questions that do not require writing and a bonus that will
require short answers. |
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COURSE SCHEDULE for MICHELLE O.’S
SECTION
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