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 […]

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 […]