Concepcion v. U.S.: Courts can consider intervening changes in law and fact under First Step Act

District courts considering motions for sentence reduction under the First Step Act may consider intervening changes of law – such as changes to the Sentencing Guidelines – and of fact – such as behavior in prison, the U.S. Supreme Court […]

Nance v. Ward: Method-of-execution claims should be brought under Sec. 1983, even if alternative method isn’t authorized by state law

A Section 1983 action should be used to bring a method-of-execution claim, even if the petitioner has identified an alternative method of execution not authorized by state law, the U.S. Supreme Court held June 23 in Nance v. Ward.   […]

Vega v. Tekoh: Miranda violations do not support Sec. 1983 actions

Section 1983 actions cannot be brought for violation of Miranda rights, the U.S. Supreme Court held June 23 in Vega v. Tekoh.   Terence Tekoh, who worked as a nursing assistant, was suspected of sexual abusing a patient.   Deputy […]

U.S. v. Taylor: Attempted Hobbs Act robbery not a “crime of violence” under ACCA

Attempted Hobbs Act robbery is not a “crime of violence” under the Armed Career Criminal Act, so cannot enhance sentence, the U.S. Supreme Court held June 21 in United States v. Taylor.   Justin Taylor was involved in a robbery […]

Shoop v. Twyford: Federal courts cannot issue transportation orders for testing unless the evidence from the tests would be legally admissible

District courts cannot issue transportation orders to enable habeas petitioners to obtain medical tests for their case, unless the petitioners first show that the evidence they hope to find will be admissible, the U.S. Supreme Court ruled June 21 in […]

Denezpi v. U.S.: Double Jeopardy’s dual-Sovereignty doctrine doesn’t prohibit same sovereign from prosecuting same conduct under Native American and federal law

Double Jeopardy’s dual sovereignty doctrine doesn’t prohibit the same sovereign — here, the federal government – from prosecuting a defendant under both Native American and federal law, the U.S. Supreme Court held June 13 in Denezpi v. United States.   […]

Kemp v. U.S.: Rule 60(b)(1) allows relief for error-of-law mistake

The term “mistake” in Federal Rule of Civil Procedure Rule 60(b)(1) includes a judge’s error of law, the U.S. Supreme Court held June 13 in Kemp v. United States.   A party may seek relief from a final judgment based […]

Supreme Court limits bond hearing rights for noncitizens in removal proceedings

The Supreme Court limited noncitizens’ right to bond hearings in removal proceedings in two cases decided June 13.   In Johnson v. Arteaga-Martinez, the Court held that Section 1231(a)(6) of the Immigration and Nationality Act (INA) does not require the […]

Plaintiffs cannot bring “Bivens actions” for damages for Fourth Amendment violations at the U.S. border, or for First Amendment retaliation, the U.S. Supreme Court held June 8 in Egbert v. Boule.

Plaintiffs cannot bring “Bivens actions” for damages for Fourth Amendment violations at the U.S. border, or for First Amendment retaliation, the U.S. Supreme Court held June 8 in Egbert v. Boule.    The Court suggested that Bivens itself should be overruled in a future […]

Patel v. Garland: Courts cannot review factual findings denying discretionary relief from removal of noncitizens

Federal courts cannot review factual findings that underlie a denial of discretionary relief from removal of noncitizens, the U.S. Supreme Court held May 16 in Patel v. Garland.   Pankajkumar Patel entered the U.S. illegally in the 1990s.  In 2007, he applied […]