Rippo v. Baker: Test for Disqualification of Judge is Whether Average Judge in Situation would Likely be Neutral; Showing of Actual, Subjective Bias Not Required

A defendant who seeks to disqualify a judge for bias need only show that, as an objective matter, the average judge in the situation would not likely be neutral and the risk of bias is high, the U.S. Supreme Court […]

Beckles v. United States: Federal sentencing guidelines are not subject to due process vagueness challenges

The federal sentencing guidelines are not subject to vagueness challenges under the Due Process Clause, the U.S. Supreme Court ruled March 6 in Beckles v. United States.    This is because the Guidelines do not fix the permissible range of […]

Pena-Rodriguez v. Colorado SCOTUS Summary

Rules against impeachment of verdicts must give way to evidence that a verdict was based on racial animus, the U.S. Supreme Court ruled March 6.   In Pena-Rodriguez v. Colorado, the Court ruled that a trial judge must consider evidence […]

Buck v. Davis: Supreme Court condemns racially based testimony as factor in imposing death sentence; explains standard to use in deciding certificates of appealability

The U.S. Supreme Court February 22 strongly condemned use of racially based testimony as a factor in assessing a death sentence.         In Buck v. Davis, the Court held that a death penalty counsel was ineffective in calling an expert […]

Supreme Court cautions lower courts against expanding qualified immunity

The U.S. Supreme Court on January 9 chastised lower courts for being too eager to deny qualified immunity to police in Sec. 1983 actions.  “Clearly established law” for qualified immunity purposes cannot be defined at a “high level of generality,” […]

Supreme Court Issues Decisions on Double Jeopardy, Bank Fraud, and Insider Trading

The U.S. Supreme Court issued three criminal opinions in November and December on double jeopardy, bank fraud, and insider trading.   Double Jeopardy             In Bravo-Fernandez v. United States, decided Nov. 29, a unanimous Court held that where a jury […]

Bosse v. Oklahoma: Eighth Amendment Ban on Victims’ Relatives’ Opinions about what Sentence a Capital Defendant Should Receive has not been “Implicitly Overruled”

The U.S. Supreme Court ruled Oct. 11 that lower courts are not free to assume that the high Court has “implicitly overruled” its holding in Booth that the Eighth Amendment bars admission of victims’ family members’ characterizations and opinions about […]

Supreme Court issues decisions on Hobbs Act robbery of intrastate drug dealers, bribery of public officials, and RICO

The U.S. Supreme Court, in finishing up its term, issued three decisions in late June of interest to public defenders.     Hobbs Act robbery of intrastate marijuana dealers In Taylor v. United States, decided June 20, the Court held that the Hobbs Act […]

Voisine v. United States: Upholds Firearms Ban for Persons Convicted of DV Misdemeanors Involving Only Reckless Conduct

People convicted of misdemeanor crimes involving use of physical force against a domestic relation cannot possess firearms or ammunition, even when the offense they were convicted of involves only reckless conduct, the U.S. Supreme Court ruled June 27. The case […]

Birchfield v. North Dakota: A SCOTUS Summary

States can criminalize refusal to take a breath test without a warrant after an arrest for drunk driving, because a breath test is categorically a search incident to arrest, the U.S. Supreme Court held June 23 in Birchfield v. North Dakota. […]