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Open Fields Doctrine
The open-fields doctrine (also open-field doctrine or open-fields rule), in the U.S. law of criminal procedure, is the legal doctrine that a " warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amendment to the United States Constitution. However, "unless there is some other legal basis for the search," such a search "must exclude the home and any adjoining land (such as a yard) that is within an enclosure or otherwise protected from public scrutiny." History The open fields doctrine was first articulated by the U.S. Supreme Court in '' Hester v. United States'', which stated that "the special protection accorded by the Fourth Amendment to the people in their 'persons, houses, papers, and effects,' is not extended to the open fields." This opinion appears to be decided on the basis that "open fields are not a "constitutionally protected area" because they cannot be construed as "persons, houses, papers, reffects." This method of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dual Sovereignty
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: ''" r shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."'' The four essential protections included are prohibitions against, for the same offense: *retrial after an acquittal; *retrial after a conviction; *retrial after certain mistrials; and *multiple punishment Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally. Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which "manifest necessity" has been shown following a mistrial, and in the seating of another grand jury if the prior one refuses to return an indictment "Same offense" In '' United Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plurality Opinion
A plurality decision is a court decision in which no opinion received the support of a majority of the judges. A plurality opinion is the judicial opinion or opinions which received the most support among those opinions which supported the plurality decision. 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 cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
En Banc
In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges. For courts like the United States Courts of Appeals in which each case is heard by a three-judge panel instead of the entire court, ''en banc'' review is usually used for only unusually complex or important cases or when the court believes there is an especially significant issue at stake. ''En banc'' is a French phrase meaning "in bench". United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coos County, Oregon
Coos County ( ) is one of the Oregon counties, 36 counties in the U.S. state of Oregon. As of the 2020 United States census, 2020 census, the population was 64,929. The county seat is Coquille, Oregon, Coquille. The county was formed from the western parts of Umpqua County, Oregon, Umpqua and Jackson County, Oregon, Jackson counties. It Oregon Geographic Names, is named after a tribe of Native Americans in the United States, Native Americans who live in the region. Coos County comprises the Coos Bay, OR Micropolitan Statistical Area. History Coos Bay is the homeland of two bands of Native people, Miluk and Hanis. Both today are often referred to as "Coos". Lewis and Clark Expedition, Lewis and Clark noted Cook-koo-oose for Coos Bay people. The origin of the name "Coos" is probably influenced both by the Lewis and Clark reference and the name for the region in the Hanis and Miluk languages, kuukwis. Early maps and documents spelled it Kowes, Cowes, Coose, Koos, among others. A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oregon Court Of Appeals
The Oregon Court of Appeals is the state intermediate appellate court in the US state of Oregon. Part of the Oregon Judicial Department, it has thirteen judges and is located in Salem. Except for death penalty cases, which are reserved to the Oregon Supreme Court, and tax court cases, it has jurisdiction to hear all civil and criminal appeals from Oregon circuit courts, and to review actions of most state administrative agencies. The 13 judges of the court are chosen by the people in statewide nonpartisan elections to six-year terms, and have as their administrative head a Chief Judge appointed from their number by the Chief Justice of the state Supreme Court. Appeals court decisions are subject to a petition by an aggrieved party for review by the Oregon Supreme Court. The petition must be made within 35 days of the decision, and the Supreme Court determines by vote of the Justices whether to review the case. The court holds session at the Oregon Supreme Court Building in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pacific Reporter
The ''Pacific Reporter'', ''Pacific Reporter Second'', and ''Pacific Reporter Third'' () are United States regional law report, case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, which is now part of Thomson West. The ''Pacific Reporter'' contains published appellate court case decisions for: * Alaska * Arizona * California * Colorado * Hawaii * Idaho * Kansas * Montana * Nevada * New Mexico * Oklahoma * Oregon * Utah * Washington (state), Washington * Wyoming When Case citation, cited, the ''Pacific Reporter'', ''Pacific Reporter Second'', and ''Pacific Reporter Third'' are abbreviated "P.", "P.2d", and "P.3d", respectively. Date ranges The first ''Pacific Reporter'' series only had 300 volumes, and spanned from January 1883 to June 1931 (1 P. 1 to 300 P. 1119). The second series, with 999 volumes, covered June 1931 to March 2000 (1 P.2d 1 to 999 P.2d 1310). The third series began in May 2000 with 1 P.3d 1. Refe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oregon Supreme Court
The Oregon Supreme Court (OSC) is the highest State court (United States), state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.An Introduction to the Courts of Oregon. Oregon Judicial Department. Retrieved on June 11, 2008. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the Oregon State Capitol, capitol building on State Street. The building was finished in 1914 and also houses the state's law library, while the courtroom is also used by the Oregon Court of Appeals. Tracing its heritage to 1841 when Oregon pioneers selected a Supreme Judge with probate powers, the court has grown from a single judge to its current make up of seven justices. Justices of the cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Western Reporter
The ''North Western Reporter'' and ''North Western Reporter, Second Series'' are United States regional Reporter (law), case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, which is now part of Thomson West. The North Western Reporter contains published appellate court case decisions for: * Iowa * Michigan * Minnesota * Nebraska * North Dakota * South Dakota * Wisconsin When Case citation, cited, ''North Western Reporter'' and ''North Western Reporter, Second Series'' are abbreviated "N.W." and "N.W.2d", respectively. References [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wisconsin Supreme Court
The Wisconsin Supreme Court is the Supreme court, highest and final court of appeals in the state judicial system of the U.S. state of Wisconsin. In addition to hearing appeals of lower Wisconsin court decisions, the Wisconsin Supreme Court also has the option to take original jurisdiction of cases, and serves as a regulator and administrator of judicial conduct and the practice of law in Wisconsin. Justices on the Wisconsin Supreme Court are elected. The two most recent elections (2023 Wisconsin Supreme Court election, 2023 and 2025 Wisconsin Supreme Court election, 2025) received national attention. They both broke records for the most expensive judicial elections in U.S. history. Location The Wisconsin Supreme Court normally sits in its main hearing room in the East Wing of the Wisconsin State Capitol building in Madison, Wisconsin. Since 1993, the court has also traveled, once or twice a year, to another part of the state to hear several cases as part of its "Justice on Whee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rebecca Bradley
Rebecca Lynn Grassl Bradley (born August 2, 1971) is an American lawyer, and justice of the Wisconsin Supreme Court, serving since 2015. She has been a state judge in Wisconsin since 2012. She was appointed to the Supreme Court by Governor Scott Walker in 2015, and won election to a 10-year term in 2016. Early life and education Rebecca Lynn Grassl was born on August 2, 1971, in Milwaukee, Wisconsin. She attended the private, all-girls Divine Savior Holy Angels High School. She earned a BS in business administration and business economics from Marquette University in 1993. She received her JD from the University of Wisconsin Law School in Madison in 1996. In 1992, while she was a student at Marquette University, she wrote several columns for the '' Marquette Tribune'' critical of homosexuality and comparing abortion to the Holocaust and slavery. In the columns, written under her maiden name, Rebecca Grassl, she wrote, "One will be better off contracting AIDS than developing c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wisconsin
Wisconsin ( ) is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest of the United States. It borders Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. With a population of about 6 million and an area of about 65,500 square miles, Wisconsin is the List of U.S. states and territories by population, 20th-largest state by population and the List of U.S. states and territories by area, 23rd-largest by area. It has List of counties in Wisconsin, 72 counties. Its List of municipalities in Wisconsin by population, most populous city is Milwaukee; its List of capitals in the United States, capital and second-most populous city is Madison, Wisconsin, Madison. Other urban areas include Green Bay, Wisconsin, Green Bay, Kenosha, Wisconsin, Kenosha, Racine, Wisconsin, Racine, Eau Claire, Wisconsin, Eau Claire, and the Fox Cities. Geography of Wiscon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
