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Supreme Court 2008 - 2009 Review
By Meaghan McLaine VerGow
The criminal defense bar secured a number of important incremental victories this Term, from the narrow construction of federal criminal offenses to the expansive construction of federal constitutional guarantees. Criminal defendants even prevailed in territory that is frequently barren, such as AEDPA. The Term was not without its losses, and serious ones at that—the Court continued to scale back exclusionary rules, construed the Sixth Amendment narrowly several times, and declined to recognize a due process right to access DNA evidence for testing. But many of the rulings issued by the Court last year will redound to the benefit of defendants seeking a fair articulation of crimes and fair procedures for prosecuting them.
Exclusionary Rule – Reliance on Incorrect Police Information
Herring v. United States, 129 S. Ct. 695 (2009). Petitioner was arrested after a police clerk mistakenly reported to the arresting officer that there was an outstanding warrant for petitioner
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