Missouri V. Seibert
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Missouri V. Seibert
''Missouri v. Seibert'', 542 U.S. 600 (2004), is a decision by the Supreme Court of the United States that struck down the police practice of first obtaining an inadmissible confession without giving Miranda warnings, then issuing the warnings, and then obtaining a second confession. Justice David Souter announced the judgment of the Court and wrote for a plurality of four justices that the second confession was admissible only if the intermediate ''Miranda'' warnings were "effective enough to accomplish their object." Justice Anthony Kennedy wrote in a concurring opinion that the second confession should be inadmissible only if "the two-step interrogation technique was used in a calculated way to undermine the ''Miranda'' warning." Background Patrice Seibert, a suspect in a fatal arson, was arrested and taken to the police station. There, a police officer decided to interrogate her using a method he had been taught: to question the suspect, obtain a confession, then give ''Mir ...
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Missouri Circuit Court
The Missouri Circuit Courts are the state trial courts of original jurisdiction and general jurisdiction of the state of Missouri. Jurisdiction The Missouri Constitution provides for the Circuit Courts in Article V, Judicial Department. List of circuits There are 46 judicial circuits, each with various divisions, including associate circuit, small claims, municipal, family, probate, criminal, and juvenile. Each circuit covers at least one of Missouri's 114 counties and one independent city, St. Louis. *1st Judicial Circuit – Clark County, Schuyler County, Scotland County *2nd Judicial Circuit – Adair County, Knox County, Lewis County *3rd Judicial Circuit – Grundy County, Harrison County, Mercer County, Putnam County *4th Judicial Circuit – Atchison County, Gentry County, Holt County, Nodaway County, Worth County *5th Judicial Circuit – Andrew County, Buchanan County *6th Judicial Circuit – Platte County *7th Judicial Circuit – Clay County *8t ...
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Fruit Of The Poisonous Tree
Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") from it is tainted as well. United States The doctrine underlying the name was first described in ''Silverthorne Lumber Co. v. United States'', 251 U.S. 385 (1920). The term's first use was by Justice Felix Frankfurter in '' Nardone v. United States'' (1939). Such evidence is not generally admissible in court. For example, suppose a police officer obtained a key to a train station locker in the process of conducting a search of a home that was unconstitutional on the grounds that it violated the Fourth Amendment). Any evidence of a crime came that came from that locker would most likely be excluded under the "fruit of the poisonous tree" legal doctrine. The testimony of a witness who is discovered through illegal means would not necess ...
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Arson In Missouri
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. Arson which results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. A person who commits arson is referred to as an arsonist, or a serial arsonist if arson has been committed several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel and directionalize fires, and the detection and identification of ignitable liqui ...
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2004 In United States Case Law
4 (four) is a number, numeral and digit. It is the natural number following 3 and preceding 5. It is the smallest semiprime and composite number, and is considered unlucky in many East Asian cultures. In mathematics Four is the smallest composite number, its proper divisors being and . Four is the sum and product of two with itself: 2 + 2 = 4 = 2 x 2, the only number b such that a + a = b = a x a, which also makes four the smallest squared prime number p^. In Knuth's up-arrow notation, , and so forth, for any number of up arrows. By consequence, four is the only square one more than a prime number, specifically three. The sum of the first four prime numbers two + three + five + seven is the only sum of four consecutive prime numbers that yields an odd prime number, seventeen, which is the fourth super-prime. Four lies between the first proper pair of twin primes, three and five, which are the first two Fermat primes, like seventeen, which is the third. On the other h ...
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United States Fifth Amendment Self-incrimination Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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List Of United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June 30 ...
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List Of United States Supreme Court Cases, Volume 542
This is a list of all the United States Supreme Court cases from volume 542 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...'': External links {{SCOTUSCases, 542 2004 in United States case law ...
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Gerald Uelmen
Gerald F. Uelmen (born October 8, 1940) is an American attorney, writer, civil servant, and academic. He was part of O. J. Simpson's defense team during the O. J. Simpson murder case, dubbed the "Dream Team." Uelmen says he devised the memorable line used by Johnnie Cochran in the closing argument, "If it doesn't fit, you must acquit." Uelmen is currently a professor at the Santa Clara University School of Law, where he served as dean from 1986 to 1994. He served as defense counsel in the trials of Daniel Ellsberg and Christian Brando. In 2006, he was appointed executive director for the California Commission on the Fair Administration of Justice, created by the California State Senate to examine the causes of wrongful convictions A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Inno .. ...
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Oregon V
Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. The 42° north parallel delineates the southern boundary with California and Nevada. Oregon has been home to many indigenous nations for thousands of years. The first European traders, explorers, and settlers began exploring what is now Oregon's Pacific coast in the early-mid 16th century. As early as 1564, the Spanish began sending vessels northeast from the Philippines, riding the Kuroshio Current in a sweeping circular route across the northern part of the Pacific. In 1592, Juan de Fuca undertook detailed mapping and studies of ocean currents in the Pacific Northwest, including the Oregon coast as well as the strait now bearing his name. Spanish ships – 250 in as many years – would typically not land before reaching Cape Mendocino i ...
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Plurality Opinion
A plurality opinion is in certain legal systems the opinion from one or more judges or justices of an appellate court which provides the rationale for the disposition of an appeal when no single opinion received the support of a majority of the court. The plurality opinion did not receive the support of more than half the justices, but still received more support than any other opinion, excluding those justices dissenting from the holding of the court. By country United States In ''Marks v. United States'', 430 U.S. 188 (1977), the Supreme Court of the United States explained how the holding of a case should be viewed where there is no majority supporting the rationale of any opinion: “When a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” That requires lower courts t ...
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Pulaski County, Missouri
Pulaski County is a county located in the U.S. state of Missouri. As of the 2010 census, the population was 52,274. Its county seat is Waynesville. The county was organized in 1833 and named for Kazimierz Pułaski, a Polish patriot who died fighting in the American Revolution. Pulaski County is the site of Fort Leonard Wood, a U.S. Army training base. It comprises the Fort Leonard Wood, MO Micropolitan Statistical Area which has nearly one-third of the total county population. History Pulaski County's earliest settlers were the Quapaw, Missouria and Osage Native Americans. After the Lewis and Clark Expedition of the early 19th century, white settlers came to the area, many from Kentucky, Tennessee and the Carolinas; the earliest pioneers appeared to have settled as early as 1818, and the town of Waynesville was designated the county seat by the Missouri Legislature in 1833. Like the county, Waynesville is also named after an American Revolutionary hero, Mad Anthony Wayne. G ...
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