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.     […]

Mays v. Hines: Federal habeas courts cannot disregard state court’s findings that evidence of guilt was overwhelming

A federal habeas court cannot disregard a state court’s finding denying postconviction relief on grounds that evidence of guilt was overwhelming, the U.S. Supreme Court held March 29 in Mays v. Hines.    Facts   Anthony Hines was convicted of a […]

Supreme Court opening opinions: qualified immunity, AEDPA, and military statute of limitations

The U.S. Supreme Court opened its October 2020 Term with short opinions on qualified immunity, AEDPA, and a military statute of limitations.   Qualified Immunity   In Taylor v. Riojas, decided Nov. 2, the Court held that corrections officers were […]

Barton v. Barr: Prior offense precluding cancellation of removal need not be the offense of removal

  A prior offense that precludes cancellation of removal of a lawful permanent resident need not be the offense of removal, the U.S. Supreme Court held April 23 in Barton v. Barr.    Andre Barton came to the U.S. lawfully […]

Kansas v. Glover: Investigatory stop of car owned by person with revoked license does not violate 4th Amendment, absent information the driver is not the owner

An officer who knows that a car’s registered owner has a revoked driver’s license can conduct an investigatory stop, absent other information that the driver is not the owner, the U.S. Supreme Court held April 6 in Kansas v. Glover. […]