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 […]

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 […]

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 […]