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supreme court - 0 views

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    he Supreme Court and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business. Such rules shall be consistent with Acts of Congress and rules of practice and procedure prescribed under section 2072 of this title. http://www.uscourts.gov/rules/rulesenablingact.html
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Criminal Law and Procedure Decisions: Fiore v. White - 0 views

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    The Court issued a per curiam opinion. Given the Pennsylvania Supreme Court's answer to the United States Supreme Court's certified question, retroactivity was no longer an issue. The Court held long ago that the Fourteenth Amendment's Due Process Clause requires a State to prove each element of a crime beyond a reasonable doubt before convicting a defendant of a crime. Here, failing to possess a permit was a basic element of the crime as it existed at the time of Fiore's conviction. The "parties agree that the Commonwealth presented no evidence whatsoever to prove that basic element." In fact, Pennsylvania conceded that Fiore had a permit. "The simple, inevitable conclusion is that Fiore's conviction fails to satisfy the Federal Constitution's demands."
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San Bernardino's 'cleared' murders have a murky history | Behind the Statistics '08 | S... - 0 views

  • Common problem Under no circumstances should a case be considered cleared if a prosecutor determines there is not enough evidence to support charges, an FBI representative said. Even if an arrest was made. "That's a common problem with a lot of law enforcement agencies," said Darrin Moore, a Uniform Crime Report training instructor with the FBI's Criminal Justice Information Services division. "They may be clearing them administratively within their department, but for UCR crime reporting, those should not be cleared or viewed as cleared offenses." In 2004, for example, records show that prosecutors turned down more than a dozen San Bernardino murder cases. Though the Police Department reported 30 clearances and 50 murders that year, charges were filed in less than 20 of the cases, according to San Bernardino County court records. Another case was cleared by the suspect's death. The disparity casts new light on the 58 percent clearance rate that San Bernardino police reported to the FBI from 2000 to 2006. In that same time, just under 50 percent of murders -- or dozens of fewer cases -- led to charges filed or met the standards for what is known as an "exceptional-means clearance." That is when enough evidence for charges exists but the suspect dies or another unforeseeable obstacle arises before prosecution can occur.
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    This looks like the Sheriff may have put Nye Frank down as the criminal. We need answers
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    This looks like the Sheriff may have put Nye Frank down as the criminal. We need answers
nyefrankracing frank

Diigo & Google - 0 views

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