U.S. v. Palomar-Santiago: All three prongs of 8 U.S.C. Sec. 1326(d) must be met to attack prior removal

A defendant seeking to attack a prior order of removal must satisfy all three prongs of 8 U.S.C. Sec. 1326(d), the U.S. Supreme Court ruled May 24 in United States v. Polomar-Santiago.   In 1998, Refugio Palomar-Santiago was removed from the […]

Edwards v. Vannoy: New criminal procedural rules will never be retroactive on federal collateral review; unanimous-jury holding not retroactive

New criminal procedural rules will never be retroactive on federal collateral review, the U.S. Supreme Court held May 17 in Edwards v. Vannoy.   The Court rejected retroactive application of last year’s holding that Louisiana and Oregon juries must be unanimous […]

Caniglia v. Strom: Community caretaking doctrine does not apply to searches of residences

There is no “community caretaking” doctrine that permits police to conduct warrantless searches and seizures in a home, the U.S. Supreme Court held May 27 in Caniglia v. Strom.    Police were called to Edward Caniglia’s home because he was reported […]

Niz-Chavez v. Garland: Immigration Act requires all statutory information be in a single notice-to-appear document for stop-time rule to apply

The Illegal Immigration Reform and Immigrant Responsibility Act requires that a notice to appear contain all statutorily-required information in a single document in order for the “stop time” rule for continuance presence in the country to apply, the U.S. Supreme […]

Alaska v. Wright: Federal habeas petitioner must be in State custody under 2254(a)

Even though a prior State offense may be a predicate crime for a new federal offense, where the person is no longer in State custody for the prior offense, they cannot bring a federal habeas corpus proceeding pursuant to Section […]

Jones v. Mississippi: Permanent incorrigibility not required to sentence juveniles to life without parole; retroactivity case law questioned, door opened to proportionality claims

A sentencing court does not have to find that a juvenile is permanently incorrigible to sentence them to life in prison without parole, the U.S. Supreme Court held April 22 in Jones v. Mississippi.   While that holding received wide publicity, […]

Lombardo v. St. Louis: Prone restraint can be excessive force even when detainee resists

Prone restraint can constitute excessive force even though the detainee resists officers, the U.S. Supreme Court held June 28 in Lombardo v. City of St. Louis, Missouri.   Nicholas Gilbert was arrested for trespassing and failing to appear for traffic court.  He […]

Dunn v. Reeves: State court did not apply per se rule that failure to call trial counsel to testify defeats ineffective assistance claim

The Eleventh Circuit erred in finding, on habeas review, that Alabama courts had adopted a per se rule that failure to call trial counsel to testify defeats an ineffective assistance claim, the U.S. Supreme Court held July 2 in Dunn v. Reeves.   […]

Pereida v. Wilkinson: Cancellation of removal after conviction under statute containing both eligible and ineligible offenses requires proof that actual offense is eligible

A noncitizen seeking cancellation of removal after a conviction under a statute which contains both eligible and ineligible offenses must prove their actual offense was eligible, the U.S. Supreme Court held March 4 in Pereida v. Wilkinson.    The Court […]

Brownback v. King: FTCA ‘judgment bar’ applies when district court lacked subject matter jurisdiction

The Federal Tort Claims Act “judgment bar” applies even where the plaintiff fails to establish all elements of his claim so as to deprive the District Court of jurisdiction, the U.S. Supreme Court held February 25 in Brownback v. King.     […]