Criminal Law

I Coulda Had a Lawyer: Why States Should Abandon the Davis Standard When Analyzing Ambiguous Custodial Requests for Counsel

Comment by Ryan Niedermair

In this comment, Ryan Neidermair compares the evolution of custodial requests for counsel in United States Supreme Court jurisprudence and particular state court systems. He ultimately argues that states should decline to follow Davis and instead adopt approaches that are more protective of defendants' rights.

Eaglin v. Eunice Police Department: The Louisiana Supreme Court Revisits and Restrains Prescription for False Imprisonment Claims

Case Note by Gabrielle A. Ball

Gabrielle A. Ball's case note examines the Louisiana Supreme Court's decision in Eaglin v. Eunice Police Department, 2017-1875, p. 1 (La. 6/27/2018); 2018 WL 3154744, where the court held that the prescriptive period for a false imprisonment claim begins to run on the date of arrest.

Panetti v. Davis: The Judicial Plunge Into the Dark Forest of Insanity and Death

Note by Oliver Atticus Kaufman

This note examines the Fifth Circuit’s recent decision in Panetti v. Davis, 863 F.3d 366 (5th Cir. 2017), where the court held that a petitioner must be granted appointed counsel and funds for expert assistance to prepare for a federal habeas petition under a theory of incompetency.

Context is King: Lawyer Dogs, Pure Applesauce, and Your Miranda Right to Counsel

Note by Christopher A. Hebert

This note examines the Louisiana Supreme Court’s decision to deny certiorari in State v. Demesme, 228 So. 3d 1206 (La. 10/27/17). This Note analyzes the court’s decision denying a defendant his Miranda right to counsel based upon the defendant's choice of vocabulary.