Behind Closed Doors Thomas K. Maher, Christopher Fialko August/September 2000 53 The Fifth Amendment Is Alive and Well In United States v. Dickerson, 166 F.3d 667 (4th Cir. 1999), a divided panel of the Fourth Circuit held that 18 U.S.C. § 3501 effectively overruled the Supreme Court's decision i

The role of the grand jury in capital prosecutions Thomas K. Maher, Christopher Fialko

Behind Closed Doors Thomas K. Maher, Christopher Fialko January/February 2002 45   Sixth Circuit Allows Government To Obtain Untimely Indictment To Satisfy Apprendi In August 2000, Nicholas Garcia and John O'Valle were named in a superseding indictment for conspiring to distribute in excess of

Behind Closed Doors Thomas K. Maher, Christopher Fialko August 2001 42 No Sixth Amendment Right During Pre-Indictment Witness Depositions Grand jury proceedings are investigative, and petit jury proceedings are adversarial. The Sixth Amendment does not afford a target of an investigation any righ

Behind Closed Doors Thomas K. Maher, Christopher Fialko June 2001 43   New Jersey Court Finds New Direction In State of New Jersey v. Hogan, 764 A.2d 1012 (Jan. 5, 2001), the Appellate Division of the Superior Court of New Jersey was forced to decide whether a prosecutor has a duty to instruct

Behind Closed Doors Thomas K. Maher, Christopher Fialko January/February 2001 43   Prosecutorial Misconduct Prosecutorial misconduct during the investigative stage and directed at the foundations of our system of criminal justice, the attorney client relationship and the very truth finding func

Behind Closed Doors Thomas K. Maher, Christopher Fialko November 2000 46 Second Circuit Finds Preventing Defense Counsel from Communicating with Their Client Is Acceptable In a pair of decisions this year, the Second Circuit has approved limitations on defense counsel's right to communicate with