Fifth Amendment

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Overview

Procedural due process refers to the constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard,...

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On September 28, 2008, Luis M. Sanchez del Valle was charged with violating the Puerto Rico Weapons Act by selling ammunition and a firearm without a permit and illegally carrying a firearm. See Luis M. Sanchez Valle v. The People of Puerto Rico, 2015...

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Reginald Lett was convicted for the shooting death of Adesoji Latona at a liquor store in Detroit, Michigan on August 29, 1996. See Lett v. Renico, 507 F.Supp.2d 777, 779 (E.D. Mich. 2007). Latona was a taxicab driver who was confronted by Lett and two...

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[Question presented] [Issue] [Facts] [Discussion] [Analysis] Issue

Do prosecutors violate an accused criminal’s Fifth Amendment’s right against forced self-incrimination when they use evidence of his silence against him even when the evidence comes...

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In 1981 the City of San Francisco ("the City") enacted its first Hotel Conversion Ordinance ("HCO"). The San Remo Hotel v. City and County of San Francisco, 145 F.3d 1095, 1099 (9th Cir.1998) ("San Remo I"). The HCO was designed to stop the depletion...

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Self-incrimination is the intentional or unintentional act of providing information that will suggest your involvement in a crime, or expose you to criminal prosecution.

The Fifth Amendment provides protection to individuals...

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Southern Union Company (“Southern Union”), a distributor of natural gas, acquired an old gas manufacturing plant in Rhode Island (“the Tidewater property”) as part of its new operations in Massachusetts and Rhode Island in 2000. See United States v....

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Overview

A taking is when the government seizes private property for public use.

A taking can come in two forms. The taking may be physical, which means that the government literally takes the property from its owner). Or the taking may be...

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Christopher and Charles Turner, Clifton Yarborough, Kevin Smith, Levy Rouse, and Timothy Catlett were convicted for the 1984 murder of Catherine Fuller. Turner v. United States, Nos. 12-CO-1362, 12-CO-1538, 12-CO1539, 12-CO-1540, 12-CO-1541, 12-CO-1542...

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Maricopa County Superior Court in Arizona convicted Juan Resendiz-Ponce of kidnapping his common-law wife in August, 2002, and sentenced him to 45 days in county jail. United States v. Resendiz-Ponce, 425 F.3d 729, 729 (9th Cir. 2005). While Resendiz-...

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