South Dakota V. Neville
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South Dakota V. Neville
''South Dakota v. Neville'', 459 U.S. 553 (1983), was a United States Supreme Court case in which the Court held that prosecutors may use a suspect's refusal to submit to a blood-alcohol test as evidence of guilt and that the introduction of such evidence at trial does not violate the suspect's Fifth Amendment privilege against self incrimination.''South Dakota v. Neville'', . Background In ''Schmerber v. California'' (1966), the Supreme Court held that the extraction and analysis of blood samples does not violate the Fifth Amendment privilege against self incrimination. However, in the years following ''Schmerber'', a split of authority emerged in state courts with regard to whether the Fifth Amendment's privilege against self incrimination prohibited the use of a suspect's refusal to submit to a blood test as evidence of guilt. South Dakota, for example, passed a statute that stated a person's refusal to submit to a blood-alcohol test “may be admissible into evidence at the tr ...
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South Dakota
South Dakota (; Sioux language, Sioux: , ) is a U.S. state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota people, Lakota and Dakota people, Dakota Sioux Native Americans in the United States, Native American tribes, who comprise a large portion of the population with nine Indian reservation, reservations currently in the state and have historically dominated the territory. South Dakota is the List of U.S. states and territories by area, seventeenth largest by area, but the List of U.S. states and territories by population, 5th least populous, and the List of U.S. states and territories by population density, 5th least densely populated of the List of U.S. states, 50 United States. As the southern part of the former Dakota Territory, South Dakota became a state on November 2, 1889, simultaneously with North Dakota. They are the 39th and 40th states admitted to the union; Pr ...
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Miranda V
Miranda may refer to: Law * ''Miranda v. Arizona'', an American legal case * Miranda warning, ''Miranda'' warning, an American police warning given to suspects about their rights, before they are interrogated Places Australia * Miranda, New South Wales * Miranda railway station, New South Wales Portugal * Miranda do Corvo, a ''município'' in Coimbra District, Centro * Miranda do Douro (parish), a ''freguesia'' in Bragança District, Norte * Miranda do Douro, a ''município'' in Bragança District, Norte * Terra de Miranda, a plateau in Bragança District, Norte Spain * Miranda (Avilés), a parish of Avilés, Asturias * Belmonte de Miranda, Asturias * Miranda de Arga, Navarre * Miranda de Ebro, Castile and Leon * , in Los Rábanos, in the Province of Soria, Castile and Leon * Miranda del Castañar, in the Province of Salamanca, Castile and Leon United States * Miranda, California * Miranda, South Dakota Venezuela * Miranda (state) * Francisco de Miranda Municipality, Anzoáteg ...
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1983 In United States Case Law
The year 1983 saw both the official beginning of the Internet and the first mobile cellular telephone call. Events January * January 1 – The migration of the ARPANET to TCP/IP is officially completed (this is considered to be the beginning of the true Internet). * January 24 – Twenty-five members of the Red Brigades are sentenced to life imprisonment for the 1978 murder of Italian politician Aldo Moro. * January 25 ** High-ranking Nazi war criminal Klaus Barbie is arrested in Bolivia. ** IRAS is launched from Vandenberg AFB, to conduct the world's first all-sky infrared survey from space. February * February 2 – Giovanni Vigliotto goes on trial on charges of polygamy involving 105 women. * February 3 – Prime Minister of Australia Malcolm Fraser is granted a double dissolution of both houses of parliament, for elections on March 5, 1983. As Fraser is being granted the dissolution, Bill Hayden resigns as leader of the Australian Labor Party, and in the subsequent lead ...
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Rochin V
Rochin is a surname. Notable people with the surname include: * Aaron Rochin, American sound engineer * Refugio Rochin (born 1941), American professor See also * Rochin v. California, case decided by the Supreme Court of the United States * Tinbe-rochin, weapons combination of a short spear (rochin) and a shield (tinbe) {{surname ...
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Breithaupt V
Breithaupt is the surname of: * August Breithaupt (1791–1873), German mineralogist * Don Breithaupt (born 1961), Canadian musician * Jim Breithaupt (1934–2018), Canadian politician * Louis Breithaupt (tanner) (1827–1880), German-born tanner and politician in Ontario, Canada * Louis Jacob Breithaupt (1855–1939), manufacturer and politician in Ontario, Canada * Louis Orville Breithaupt (1890–1960), politician and Lieutenant Governor of Ontario * Scot Breithaupt (1957–2015), American entrepreneur The name may also refer to: * '' Breithaupt v. Abram'', a 1957 case in which the Supreme Court of the United States held that in some circumstances, involuntary blood samples may be used as evidence in criminal prosecutions {{surname ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ...
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List Of United States Supreme Court Cases, Volume 459
This is a list of all United States Supreme Court cases from volume 459 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, 459 1982 in United States case law 1983 in United States case law ...
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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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Thurgood Marshall
Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-American justice. Prior to his judicial service, he was an attorney who fought for civil rights, leading the NAACP Legal Defense and Educational Fund. Marshall coordinated the assault on racial segregation in schools. He won 29 of the 32 civil rights cases he argued before the Supreme Court, culminating in the Court's landmark 1954 decision in ''Brown v. Board of Education'', which rejected the separate but equal doctrine and held segregation in public education to be unconstitutional. President Lyndon B. Johnson appointed Marshall to the Supreme Court in 1967. A staunch liberal, he frequently dissented as the Court became increasingly conservative. Born in Baltimore, Maryland, Marshall attended Lincoln University and the Howard Universi ...
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John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldest justice in the history of the U.S. Supreme Court and the third- longest-serving justice. At the time of his death in 2019 at age 99, he was the longest-lived Supreme Court justice ever. His long tenure saw him write for the Court on most issues of American law, including civil liberties, the death penalty, government action, and intellectual property. In cases involving presidents of the United States, he wrote for the court that they were to be held accountable under American law. Despite being a registered Republican who throughout his life identified as a conservative, Stevens was considered to have been on the liberal side of the Court at the time of his retirement. Born in Chicago, Stevens served in the United States Navy during Wor ...
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Sandra Day O'Connor
Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and the first confirmed to the court. Nominated by President Ronald Reagan, she was considered the swing vote for the Rehnquist Court and the first five months of the Roberts Court. Prior to O'Connor's tenure on the Court, she was a judge and an elected official in Arizona, serving as the first female majority leader of a state senate as the Republican leader in the Arizona Senate. Upon her nomination to the Court, O'Connor was confirmed unanimously by the Senate. On July 1, 2005, she announced her intention to retire effective upon the confirmation of a successor. Samuel Alito was nominated to take her seat in October 2005 and joined the Court on January 31, 2006. O'Connor most frequently sided with the Court's conservative bloc but demons ...
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South Dakota Supreme Court
The South Dakota Supreme Court is the highest court in the state of South Dakota. It is composed of a chief justice and four associate justices appointed by the List of Governors of South Dakota, governor. One justice is selected from each of five geographic appointment districts. Justices face a nonpolitical retention election three years after appointment and every eight years after that. The justices also select their own chief justice. The Supreme Court of South Dakota serves as the final appellate court in the state, reviewing the decisions of state circuit courts.''Unified Judicial System of South Dakota''
, South Dakota Supreme Court, rev. July 2002 The Supreme Court is also authorized to issue original or remedial writs and provide advice to the governor regarding the scope of Executive (government), executive powe ...
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