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I am looking for two court cases, like an article that involves the 6th amendment. I tried to look for them, but I cannot find them. Can you please find one for me? Thank you.

2006-12-18 02:29:17 · 2 answers · asked by Anonymous in Politics & Government Law & Ethics

2 answers

Jett v. Allen 1987 WL 20122 (1987). This case is not reported in F. Supp. .... But it deals with the fourth, fourteenth, and sixth Amendments. It was found in favor of the Appellant on the Sixth. You can find this case on WestLaw.

McGARR, District Judge.
*1 This cause is before the court on the motion of defendants E. Allen, W. Shannon, M. Fortuna and W. Tamberlin ("defendants") to dismiss the Sixth Amendment claim of plaintiff Bobby Jett ("Jett"). For the reasons which follow, defendants' motion is granted.
Jett's complaint alleges that defendants, without legal provocation or justification, struck plaintiff, injuring his head and jaw. Further, plaintiff alleges that, thereafter, defendants failed and refused to provide medical attention to Jett. Jetts' claims include violations of the Fourth, Sixth and Fourteenth Amendments and 42 U.S.C. Section 1983. As to the Sixth Amendment claim, Jett has provided no facts to support his allegations. The Sixth Amendment rights do not arise until the state/government has decided to prosecute. See Klodis v. Brezek, 823 F.2d 1014 (7th Cir.1987). Here, the state was not committed to prosecuting Jett during the period surrounding the arrest, therefore, Jett had no Sixth Amendment rights at that time. Jett has failed to show that the Sixth Amendment applies to his situation and, further, has not set forth any facts that a Sixth Amendment violation has occurred.
For the reasons stated, defendants' motion to dismiss Jett's Sixth Amendment claim is granted.
N.D.Ill.,1987.
Jett v. Allen
Not Reported in F.Supp., 1987 WL 20122 (N.D.Ill.)
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U.S. v. Milam 443 F. 3d 382 (2006).
This case deals with the Sixth Amendment, and was vacated and remanded for resentencing.
" Background: Defendants were convicted in the United States District Court for the Southern District of West Virginia, Joseph Robert Goodwin, and Charles H. Haden II, JJ., of aiding and abetting the distribution of ecstasy, and defendants appealed, challenging their sentences.

Holdings: The Court of Appeals, Niemeyer, Circuit Judge, held that:
(1) imposition of sentencing increases based on judicial determination of drug quantity was plain error violation of the Sixth Amendment, and
(2) failure of defendant to object to drug quantity and firearm enhancement set forth in the presentence investigation report (PSR) did not constitute an admission as would justify sentencing increases.

Sentences vacated, and remanded for resentencing.

Shedd, Circuit Judge, filed opinion, concurring in part and dissenting in part.
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I hope you find these cases to be helpful in your quest. I know legal research can be a pain in the butt! I have completed 3 legal research classes already, but if it makes you feel better, MANUAL research is the worst!!! I thank god for the creation of WestLaw, and LexisNexis. Good Luck.

2006-12-18 02:54:17 · answer #1 · answered by Anonymous · 0 0

not sure if this is what ur looking for but:
http://www.washingtonpost.com/wp-dyn/articles/A40431-2004Mar8.html

2006-12-18 02:33:05 · answer #2 · answered by jenivive 6 · 0 0

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