Rehaif v. United States: Federal gun law requires Government to prove defendants knew they possessed a firearm and knew their status prohibited them from possessing it

The “knowingly” element of the federal gun law that prohibits certain people – such as aliens and those convicted of felonies – from possessing firearms requires the Government to prove that a defendant both knew he possessed the firearm and […]

Gundy v. United States: Supreme Court upholds Attorney General ability to apply SORNA to pre-Act offenders (for now)

The federal Sex Offender Registration and Notification Act’s provision that gives the Attorney General authority to determine how to apply registration requirements to people convicted before the Act is not an unconstitutional delegation of legislative authority, a plurality of the […]

McDonough v. Smith: Statute of limitations for Section 1983 fabricated-evidence claim begins to run when prosecution is terminated

The statute of limitations for a §1983 suit against a prosecutor for fabricating evidence began to run when the plaintiff was acquitted in their criminal case, the U.S. Supreme Court held June 20 in McDonough v. Smith.   Edward McDonough […]

Quarles v. U.S.: Intent to commit a crime can be formed at any time for remaining in burglary to qualify as a violent felony

“Remaining in” burglary is a “violent felony” for sentencing under 18 U.S.C. §924(e) if the defendant forms the intent to commit a crime at any time while unlawfully remaining in a building or structure, the U.S. Supreme Court held June […]

Mont v. United States: Pretrial incarceration on new offense will toll period of supervised release if new sentence gives credit for time served

A federal defendant’s period of supervised release is tolled during pretrial incarceration for a new offense, if the later new sentence credits the period of pretrial detention as time served for the new offense, the Supreme Court held June 3 […]

Nieves v. Bartlett: Retaliatory arrest claim requires proof of no probable cause for arrest

Plaintiffs bringing a retaliatory arrest claim for exercising First Amendment rights must plead and prove the absence of probable cause for their arrest, unless they can show similarly-situated people who did not engage in protected speech were not arrested, the […]

Bucklew v. Precythe: Execution method challenges must show State’s method adds pain, and a readily-available alternative exists

An inmate sentenced to death who seeks to raise an “as-applied” challenge to his method of execution must show that the State’s chosen method adds pain, and that there is a readily-implementable alternative method that would significantly reduce a substantial […]

Nielsen v. Preap: Noncitizens can be held without bail pending removal proceedings, even if not immediately arrested after release from their criminal cases

Noncitizens, who have been released from custody on criminal matters, can be held without bail pending removal proceedings, even if immigration authorities did not immediately take them into custody after their release, the U.S. Supreme Court held March 19 in […]

Timbs v. Indiana: Eighth Amendment’s excessive fines clause applies to States

In a case that received wide publicity in February, Timbs v. Indiana, the U.S. Supreme Court ruled that the Eighth Amendment’s Excessive Fines Clause applies to the States through the Fourteenth Amendment’s Due Process Clause. Tyson Timbs was convicted in […]

Supreme Court Issues Two Decisions on Execution of Mentally Disabled People

The U.S. Supreme Court in February issued two opinions on when people with mental disabilities are eligible for the death penalty. In Madison v. Alabama, decided February 27, the Court held that the Eighth Amendment does not prohibit executing a […]