McWilliams v. Dunn: Supreme Court Sidesteps Whether Indigent Defendants are Entitled to a “Defense Team” Expert under Ake

In McWilliams v. Dunn, decided June 19, a five-member majority of the U.S. Supreme Court avoided answering whether Ake requires that indigent defendants be provided with an expert who is a member of the “defense team” – as opposed to […]

Supreme Court Update

The U.S. Supreme Court issued two opinions April 19 on refunding court costs and restitution, and on appealing restitution.    In Nelson v. Colorado, the Court held when a defendant has a conviction set aside, due process requires the government […]

Dean v. US: Judges can consider the mandatory minimum sentence a defendant will serve under Sec. 924(c) in deciding sentence for predicate conviction

Federal judges can take into account the lengthy mandatory minimum sentence a defendant must serve under 18 U.S.C. Sec. 924(c) for using a firearm in connection with a violent or drug trafficking offense in deciding what sentence to impose for […]

Moore v. Texas: Courts must use current medical standards in determining intellectual disability under Atkins

Courts reviewing whether a death-sentenced defendant is intellectually disabled under Atkins must use current medical standards in considering the claim, the U.S. Supreme Court ruled March 28 in Moore v. Texas.   Facts   Bobby James Moore was originally convicted […]

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 […]