Johnson v. United States – “Supreme Court Strikes Down Armed Career Criminal Acts Residual Clause Regarding” “Violent Felonies” As Unconstitutionally Vague

The federal Armed Career Criminal Act’s residual clause, which defines a “violent felony” as one which “involves conduct that presents a serious potential risk of physical injury to another,” is unconstitutionally vague, the U.S. Supreme Court ruled June 26 in Johnson […]

McFadden v. United States – Supreme Court Explains Knowledge Requirement for Controlled Substance Analogues

In McFadden v. United States, decided June 18, the U.S. Supreme Court ruled on the mental state the Government must prove to convict under the federal Controlled Substance Analogue Enforcement Act.        Facts Stephen McFadden marketed various “bath salts” with […]

Davis v. Ayala – Trial Court’s Exclusion of Defense Counsel from Batson Hearing Was “Harmless Error” in Federal Habeas

Even though defense counsel was excluded from the portion of a Batson hearing where the prosecutor was allowed to explain peremptory strikes, this alleged error was harmless under Brecht, the U.S. Supreme Court held June 18 in Davis v. Ayala.  The Court reversed a […]

Justice Kennedy Denounces Long-Term Solitary Confinement, Says Courts May Need To Intervene To Stop It

Supreme Court Justice Anthony Kennedy last week denounced keeping persons in solitary confinement for long periods of time, and suggested that courts may need to intervene to stop the practice.   Kennedy’s comments came in a concurring opinion in a […]

Brumfield v. Cain – Supreme Court Gives Green Light for Atkins Claim to be Heard

The U.S. Supreme Court, on June 18, issued an opinion potentially making it easier for Atkins claims to be heard and won. The Court held that a Louisiana court had unreasonably determined the facts in finding that a death-sentenced inmate had not […]

Ohio v. Clark: Statements by Non-testifying Witnesses Made to Persons Other Than Law Enforcement Are Subject to the Confrontation Clause, But More Likely to be Admissible

On June 18, the U.S. Supreme Court, in Ohio v. Clark, ruled that statements by non-testifying witnesses to persons other than law enforcement officers may be covered by the Confrontation Clause, but are much less likely to be considered “testimonial” than […]

Mellouli v. Lynch – Supreme Court Uses “Categorical Approach” To Limit Deportation for Possession of Drug Paraphernalia

The categorical approach must be used to determine whether a lawful alien is deportable for possession of drug paraphernalia, the U.S. Supreme Court ruled June 1 in Mellouli v. Lynch. The Court rejected a more sweeping approach used by the Board of […]

Elonis v. United States – Conviction Under Threats Statute Requires Proof Of Culpable Mental State, But Precise State Remains Unanswered

On June 1, the U.S. Supreme Court ruled that conviction under the federal law making it a crime to transmit threats requires more than proving that a reasonable person would feel threatened by the communication.  Instead, the law requires the […]

Supreme Court Potpourri: Disposal of Guns by Felons, Prisoners’ Rights to File Civil Suits, ADA’s Applicability to Arrests

The U.S. Supreme Court, on May 18, issued three opinions of interest to defense counsel.              In unrelated decisions, the Court explained how persons convicted of felonies may dispose of their guns which are held by police, limited how many civil […]

Police Cannot Extend Traffic Stop For Drug Dog To Sniff Car

The Fourth Amendment prohibits police from extending the time reasonably necessary to complete a routine traffic stop in order to have a drug dog sniff a car when police lack reasonable suspicion of drug activity, the U.S. Supreme Court held […]