Lincoln Memorial University
Lincoln Memorial University, Duncan School of Law: Digital Commons @ LMU-DSOLNot a member yet
2832 research outputs found
Sort by
Federal Habeas Corpus: Actual Innocence or Actual Indifference
Get PDFIt is a fact that innocent people have been convicted of crimes they have not committed and sentenced to imprisonment or death. Habeas corpus is a long standing, fundamental right to challenge improper detention. While one intended use of habeas corpus was to seek release from custody due to innocence, federal law has made the process to obtain such relief nearly impossible.This Note explores the history of habeas corpus and its transformation of what it looks like in America today through the Antiterrorism and Effective Death Penalty Act (AEDPA). A specific focus is placed on the pitfalls created by the United States Supreme Court in interpreting the federal legislation. Currently, no real standards exist for an incarcerated person who is actually innocent to obtain habeas relief without strict compliance with AEDPA. This Note proposes a solution to that problem so no other innocent person is put to death for a crime they did not commit
Fourth and Fifth Circuits Split Over Geofencing in Fourth Amendment Interpretation
Get PDFIn 2024 the Fourth and Fifth Circuits split over the issue of location history retrieved via geofencing. The Fourth Circuit held in United States v. Chatrie, that enabling one’s cell phone location history is consent for the government to retroactively view location history without a warrant. However, the Fifth Circuit held in United States v. Smith, that when the government uses location history data, it conducts a general search, which they said is unconstitutional even with a warrant. This note analyzes the split and proposes a modification of the third party doctrine that would maintain the equilibrium of powers between the government and the people in our current digital age. This equilibrium of powers is a trend that Fourth Amendment Scholar Orin S. Kerr has brought attention to in his writing and this note argues that we are due for an adjustment
Miholotzy, Geza
No full textA carte-de-visite card of Géza Mihalotzy, 1825-1864, a Hungarian soldier during the Hungarian War for Independence and an officer for the Union during the American Civil War.https://digitalcommons.lmunet.edu/allmcdv/1358/thumbnail.jp
Mitchell, Cyril
No full textA carte-de-visite card of Cyril Mitchell,https://digitalcommons.lmunet.edu/allmcdv/1361/thumbnail.jp
Naval Heroes
No full textA carte-de-visite card of the Union Naval Heroes during the American Civil War. From the top and going clock-wise there is Andrew Hull Foote, David Dixon Porter, Samuel Francis Du Pont, Silas H. Stringham, John A. Dahlgren, and John Lorimer Worden.https://digitalcommons.lmunet.edu/allmcdv/1370/thumbnail.jp
Ord, Edward Otho Cresan
No full textA carte-de-visite card of Edward Ord, 1818-1883, an American engineer and United States Army officer for the Union during the American Civil War.https://digitalcommons.lmunet.edu/allmcdv/1379/thumbnail.jp
Potomac: All Quiet on the Potomac (view #2)
No full textA carte-de-visite card of an artwork All Quiet on the Potomac by Brewerton, George Douglas, 1820-1901, artist.https://digitalcommons.lmunet.edu/allmcdv/1396/thumbnail.jp
Risdon, Orlando Charles
No full textA carte-de-visite card of Orlando Charles Risdon, a Union officer during the American Civil War.https://digitalcommons.lmunet.edu/allmcdv/1409/thumbnail.jp
Robeson, George M .
No full textA carte-de-visite card of George M. Robeson, 1829-1897, an American politician and a brigadier general for the Union during the American Civil War.https://digitalcommons.lmunet.edu/allmcdv/1413/thumbnail.jp
Sheridan, Philip H. 7
No full textA carte-de-visite card of P. H. Sheridan, 1831-1888, a Union general during the American Civil War.https://digitalcommons.lmunet.edu/allmcdv/1445/thumbnail.jp