Woods v. Donald – Counsel’s Absence From Courtroom During Portion of Trial Relating to Co-Defendant Does Not Mandate Habeas Relief

Even though defense counsel was not in the courtroom during a portion of trial where matters about co-defendants were discussed, this did not violate clearly established federal law to warrant granting habeas relief, the U.S. Supreme Court held March 30 […]

Grady v. North Carolina – GPS Tracking Of Sex Offenders Implicates Fourth Amendment Protection

On March 30, the U.S. Supreme Court, in Grady v. North Carolina, held that requiring sex offenders to submit to GPS monitoring is a “search” under the Fourth Amendment.  But the Court left open the larger question of whether or when such monitoring […]

Jennings v. Stephens – Supreme Court Gives More Opportunity to Uphold Habeas Wins on Appeal

On January 14, the U.S. Supreme Court, in Jennings v. Stephens, held that habeas petitioners who are granted relief on some grounds, but not others, may in an appeal by the State defend the judgment on grounds rejected by the district court, […]

Heien v. North Carolina — “Reasonable” Mistakes of Law Do Not Violate Fourth Amendment, But Should Be Narrow and Rare

On December 15, the U.S. Supreme Court, in Heien v. North Carolina, held that a reasonable mistake of law can support reasonable suspicion to uphold a seizure under the Fourth Amendment.  In so ruling, the Court upended the majority of lower courts […]

Hall v. Florida: Court strikes down rigid IQ cutoff of 70 in death penalty cases, but many questions remain

In a 5-4 opinion, the United States Supreme Court found that states cannot impose a rigid IQ cutoff of 70 in determining if a person is intellectually disabled and thus ineligible for the death penalty.  This opinion comes 12 years after the […]

Kaley v. United States – The Right to Counsel . . . If You Can Afford It

On February 25, 2014 I received a number of emails about Kaley v United States, 571 U.S. ____ (2014).  The emails said that Chief Justice John Roberts had written a dissent and was championing the right to counsel.  They included quotes from his […]

US SUPREME COURT – Hinton v. Alabama: Effective Counsel and Forensic Expertise

On February 24th, the United States Supreme Court issued a per curiam reversal in the case of Alabama death row inmate Anthony Ray Hinton.  Applying “a straightforward application of [its] ineffective-assistance-of-counsel precedents,” the Court held that “it was unreasonable for Hinton’s lawyer to […]

The Supreme Court Says No To Warrantless, Non-Consensual Blood Draws

Supreme Court Cases You Can Actually Use: Missouri v. McNeely, 133 S.Ct. 1552 (2013) The U.S. Supreme Court has unequivocally ruled that when a person is stopped on suspicion of drunk driving, the police may not take a blood sample […]

The backstory to Alabama v. Shelton

You remember Alabama v. Shelton, 535 U.S. 654 (2002) don’t you? That’s the case where the US Supreme Court continued its slow march toward fully realizing the right to counsel promised in Gideon v. Wainwright. That’s the case where the Court held […]