Martin v. U.S.:  Supreme Court rejects Eleventh Circuit’s approach to Federal Tort Claims Act

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender The “law enforcement proviso” in the Federal Tort Claims Act does not override the “discretionary-function exception” in the statute, the Supreme Court held June 12 in Martin v. United […]

Bondi v. Vanderstok:  AFT regulations of “weapon part kits”  are not facially invalid

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal regulations requiring that “weapon part kits” comply with the licensing, record-keeping and background check requirements of the Gun Control Act are not facially invalid, the U.S. […]

Kousisis v. U.S.:  Wire-fraud conviction for fraudulent inducement doesn’t require victim suffer pecuniary loss

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Making a materially false statement to obtain money or property violates the federal wire fraud statute even if the victim – who receives goods or services in return […]

Barnes v. Felix:  Supreme Court rejects “moment-of-threat” rule in police shootings

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Courts must consider the totality of circumstances – not just circumstances during the “moment of threat” — in determining whether police use of deadly force is objectively reasonable […]

Thompson v. U.S.:  Statute prohibiting “false” statements in connection with loans does not criminalize “misleading” statements

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute which prohibits making false statements to the FDIC in connection with a loan does not criminalize “misleading” statements which are not false, the U.S. Supreme […]

Delligatti v. U.S.:  Crimes of omission qualify as “crimes of violence” under ACCA

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Causing bodily injury by omission qualifies as a “crime of violence” under the Armed Career Criminal Act Sec. 924(c)(3)(A), the U.S. Supreme Court held March 21 in Delligatti […]

Bouarfa v. Mayorkas:  Homeland Security’s discretionary authority to revoke a previously-approved visa application is not subject to judicial review

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The statute which states that the Secretary of Homeland Security “may, at any time” revoke prior approval of a visa petition “for what he deems to be good […]

Supreme Court issues capital opinions on failure to correct false evidence, presenting highly prejudicial evidence, and intellectual disability

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The U.S. Supreme Court has issued opinions in three death penalty cases so far this Term.            In a case that received wide publicity, Glossip v. Oklahoma, decided […]

Seventh Amendment requires jury trial when Government seeks punitive civil damages, not adjudication by administrative agencies

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            When the Government seeks punitive civil damages, the Seventh Amendment mandates a jury trial, not an administrative proceeding, the U.S. Supreme Court held June 27 in Securities and […]

Fischer v. United States:  Sarbanes-Oxley obstruction statute requires destruction of documents or records; doesn’t apply to general conduct of “January 6” defendants

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute making it unlawful to “otherwise” obstruct an official proceeding applies only to destruction of documents, records or objects, not to the conduct of the “January […]