Brady, Child Pornography Enhancement, the Second Amendment, and the Right to Counsel of Choice

The U.S. Supreme Court last month decided four relatively little-noticed cases involving Brady, sentencing enhancement under the federal child pornography statute, the right to possess stun guns, and the ability of prosecutors to freeze assets needed to hire counsel. Brady lives! In […]

Montgomery v. Louisiana: Miller’s Ban on Mandatory Life without Parole for Juvenile Homicide Offenders is Retroactive

The prohibition on mandatory life without parole sentences for juveniles convicted of homicide offenses announced in Miller v. Alabama (2012) is a substantive rule that applies retroactively in state collateral review proceedings, the U.S. Supreme Court held Jan. 25. The […]

Musacchio v. United States

Even though a jury instruction contains an extra element, sufficiency of the evidence should be assessed only against the statutory elements of the charged crime, the U.S. Supreme Court ruled Jan. 25 in Musacchio v. United States. The Court ruled in […]

Kansas v. Carr — Capital jurors need not be instructed on burden of proof for mitigating circumstances; severance from co-defendant’s penalty phase not required

The Eighth Amendment does not require that jurors in death penalty cases be instructed that mitigating circumstances need not be proven beyond a reasonable doubt, the U.S. Supreme Court ruled Jan. 20 in Kansas v. Carr.  The Court also ruled that […]

Hurst v. Florida – “A Jury, not judge, must make findings required to impose death sentence

The Sixth Amendment requires that a jury, not a judge, find each fact necessary to impose a death sentence, the U.S. Supreme Court ruled Jan. 12 in Hurst v. Florida.  The Court struck down Florida’s capital sentencing scheme which authorized an […]

Supreme Court issues brief decisions on filing fees for prisoners and ineffective assistance of counsel

The Prison Litigation Reform Act requires that prisoners pay a percentage filing fee on a simultaneous, “per case” basis, rather than in sequential installments, the U.S. Supreme Court ruled Jan. 12, in Bruce v. Samuels.             The Act, 28 U.S.C. Sec. […]

White v. Wheeler: Supreme Court again emphasizes deference to state courts in federal habeas

The U.S. Supreme Court this week again emphasized the deference federal courts must give to state courts in considering federal habeas claims. The Court reversed a grant of federal habeas relief in a death penalty case on a claim that […]

Supreme Court Decides Mullenix v. Luna

A police officer who shot at a fleeing car in an attempt to disable it, but who killed the driver, was entitled to qualified immunity from suit, the U.S. Supreme Court ruled November 9 in Mullenix v. Luna.  The officer […]

Glossip v. Gross: Supreme Court Upholds Use of Midazolam for Executions; Dissenters Say Death Penalty Likely Unconstitutional

The U.S. Supreme Court, in Glossip v. Gross decided June 29, upheld Oklahoma’s use of midazolam in its execution protocol. The Court ruled 5-4 that the plaintiffs — death-sentenced inmates who challenged the drug’s use — failed to identify a known, available […]

Supreme Court Strikes Down Law Requiring Hotels To Give Police Information About Guests Without Opportunity For Review; Makes It Easier For Pretrial Detainees To Sue For Excessive Force

The U.S. Supreme Court, in separate cases decided June 22, struck down a law that required hotels to give police information about guests without any opportunity to contest the matter before complying, and made it easier for pretrial detainees to […]