NCJ Number
162070
Journal
NCJA Justice Bulletin Dated: (November 1995) Pages: 3-11
Date Published
1995
Length
9 pages
Annotation
The United States Supreme Court decided in November 1995 that a Federal court considering a habeas corpus action must review independently a State court's determination of whether a suspect was in custody and entitled to a reading of Miranda rights.
Abstract
The Court also heard oral arguments on whether a co- owned automobile can be subject to forfeiture when, without the knowledge of one owner, the vehicle is used for illicit activity by the other owner. In another case, the Court heard arguments on whether a Federal district court exceeded its authority by requiring the Arizona Department of Corrections to staff its prison libraries with trained and competent legal assistants and to provide legal research and writing services for illiterate and foreign inmates. The Supreme Court also agreed to hear arguments on whether a Federal judge can give a defendant a lesser sentence than the statutory mandatory minimum when the government, as part of a plea agreement, agreed to request a reduced sentencing under the sentencing guidelines, but did not agree specifically to request an exemption from the statutory mandatory minimum sentence.