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. […]

Supreme Court issues Five Significant Decisions for Public Defenders

The U.S. Supreme Court issued five decisions through mid-June of interest to public defenders.    Ginsburg, Thomas invite double jeopardy challenge   Perhaps the most important case so far in June is Puerto Rico v. Sanchez Valle, but not for the […]

Utah v. Strieff: Discovery of valid arrest warrant can attenuate taint of illegal stop

The discovery of a valid arrest warrant during an unconstitutional investigatory stop can attenuate the taint of the stop, the U.S. Supreme Court held June 20.  In Utah v. Strieff, the Court ruled that even though an initial stop was illegal, […]

Utah v. Strieff: Legalizing Illegal Stops

It used to be a basic tenet of American Constitutional jurisprudence that if police illegally stop an individual and find some incriminating evidence on him, the evidence must be suppressed, that is, it cannot be used as evidence to prove […]

Supreme Court Issues Decisions on Juvenile Life without Parole, the Death Penalty, and State Procedural Bars to Federal Habeas

The U.S. Supreme Court issued three recent brief decisions of interest to public defenders.    Miller & Montgomery fallout   In Adams v. Alabama, the Court, on May 23, vacated and remanded for reconsideration in light of Montgomery v. Louisiana, 136 S. […]

Supreme Court Issues Decisions on Batson, Deportation of Persons Convicted of Crimes, Speedy Sentencing, Conspiracy, and AEDPA Deference

The U.S. Supreme Court issued five decisions through mid-May of importance to public defenders.   Batson  In a widely-publicized decision, Foster v. Chatman, decided May 23, the Court held that Georgia prosecutors violated Batson by, among other reasons, making notes in their file that […]

SCOTUS Decisions on Johnson retroactivity, plain error under the federal sentencing guidelines, SORNA, and AEDPA Deference

The U.S. Supreme Court in April issued four decisions of interest to public defenders.  JOHNSON RETROACTIVE In Welch v. United States, decided April 18, the Court held that its decision striking down the residual clause of the Armed Career Criminal Act […]

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 […]