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 […]

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 […]

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 […]

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 […]

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 […]

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 […]