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Constitutional Law—Spectator Attending Athletic Event Voluntarily Consents Under Fourth Amendment to Pat-Down Search at Stadium Entrance—Johnston v. Tampa Sports Authority, 490 F.3d 820 (11th Cir. 2007)

May 26, 2008 | Case Comments, Number 4, Print Edition, Volume 41

The Fourth Amendment to the United States Constitution protects people from unreasonable searches and seizures by the government.  The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable...

Criminal Law—Jury’s Silence on Theory of First-Degree Murder Not an Acquittal for Double Jeopardy Purposes—Commonwealth v. Carlino, 865 N.E.2d 767 (Mass. 2007)

May 20, 2008 | Case Comments, Number 4, Print Edition, Volume 41

Prohibitions against double jeopardy, whether based on the Double Jeopardy Clause of the United States Constitution or the right provided by Massachusetts law, prevent the government from subjecting individuals to the hazards of standing trial more than once for the...

Constitutional Law and Criminal Procedure—Criminal Defendant Erroneously Denied First-Choice Counsel Entitled to Automatic Reversal of Conviction—United States v. Gonzalez-Lopez, 126 S. Ct. 2557 (2006)

Apr 14, 2008 | Case Comments, Number 3, Print Edition, Volume 41

The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.”  The United States Supreme Court has interpreted this guarantee to protect...

Tax Law—Railroads May Not Challenge a State’s Valuation Methodologies for Ad Valorum Tax Purposes Under the 4-R Act—CSX Transportation, Inc. v. State Board of Equalization, 472 F.3d 1281 (11th Cir. 2006)

Apr 10, 2008 | Case Comments, Number 3, Print Edition, Volume 41

Section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (4-R Act) prohibits states from discriminatorily taxing railroad property.  The 4-R Act creates an exception to the Tax Injunction Act (TIA) by granting federal courts jurisdiction to hear...

Criminal Law—First Circuit Allows Guilty Plea for Misprision to Stand Under Plain Error Review—United States v. Caraballo-Rodriguez, 480 F.3d 62 (1st Cir. 2007), cert. denied, 128 S. Ct. 489 (2007)

Feb 13, 2008 | Case Comments, Number 2, Print Edition, Volume 41

First Circuit Review 2008 The federal misprision statute requires that a person with knowledge of a felony report such knowledge to the authorities.  Generally, the prosecution must prove that the defendant took some affirmative step to conceal the crime from...