Probable cause is based on totality of circumstances, Supreme Court says, but Ginsburg suggests subjective intent of police needs to be considered

In District of Columbia v. Wesby, decided January 22, the U.S. Supreme Court reaffirmed that probable cause is based on an objective totality of circumstances test.    But Justice Ginsburg, in a notable concurring opinion, called for reexamination of Supreme […]

An Interview with Dawn Van Hoek

NAPD:  We understand that you are retiring. Congratulations!  Please tell us about your career as a public defender.   There was never any doubt about my career – I watched “Perry Mason” as a child, and always identified with standing […]

Supreme Court Issues Habeas Decisions on Racial Bias, Specific Performance of Plea Agreements, and Competency to be Executed

The U.S. Supreme Court, in three habeas corpus decisions so far this term, continued a recent trend to grant relief in cases of racial bias, but deferred to state courts on other types of claims.   In Tharpe v. Sellers, […]

Jenkins v. Hutton: Supreme Court Reaffirms Sawyer Standard for Reviewing Defaulted Habeas Claims

In deciding whether a federal habeas petitioner can pursue a procedurally defaulted claim of improper jury instructions in a death penalty case, the question is whether, given proper instructions about aggravating circumstances, a reasonable jury could have decided that aggravating […]

U.S. Supreme Court Summaries

The U.S. Supreme Court in June issued opinions dealing with juvenile life without parole, and Brady, but the impact of both is limited. In Virginia v. LeBlanc, decided June 12, the Court, in the context of a federal habeas case, ruled that […]

Packingham v. North Carolina: Broad Law Banning People Convicted of Sex Crimes from Accessing Internet Violates First Amendment

The U.S. Supreme Court in June struck down a broadly-written North Carolina law that banned persons convicted of sex crimes from internet access to a wide variety of websites.   In Packingham v. North Carolina, decided June 19, the Court […]

Weaver v. Mass. and Davila v. Davis: Supreme Court Limits Some Ineffective Assistance of Counsel Claims

The U.S. Supreme Court in June limited the ability of petitioners to pursue some ineffective assistance of counsel claims.   In Weaver v. Massachusetts, decided June 22, the Court held that even though trial counsel’s failure to object to closure […]

Supreme Court decides immigration cases regarding deportation for statutory rape, false procuring of citizenship, and transmission of citizenship through unwed parents

The U.S. Supreme Court recently issued three immigration-related decisions.   The Court held a felony conviction under a state statute criminalizing consensual sex with a minor 16 years old or older will not generally be considered an “aggravated felony” of […]

Honeycutt v. United States: Summary of Ruling

The federal statute, 21 U.S.C. Sec. 853, that mandates forfeiture of “any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of” certain drug crimes does not impose joint and several liability for […]

Lee v. United States: Supreme for Court Sets Prejudice Standard for Bad Advice on Immigration

Defendants who plead guilty based on bad advice about immigration consequences can show prejudice to set aside their pleas by showing a reasonable likelihood that they would not have pleaded guilty but would have gone to trial, even though they […]