Hernandez v. Mesa: Bivens action cannot be brought for cross-border shootings; Thomas would eliminate Bivens actions altogether

The parents of a child shot by a U.S. Border Patrol agent across the U.S.-Mexico border cannot bring a Bivens action for civil damages against the officer, the U.S. Supreme Court ruled February 25 in Hernandez v. Mesa.   Sergio […]

Holguin-Hernandez v. U.S.: Argument to district court for a lesser sentence preserves claim on appeal that longer sentence was unreasonable

A defendant properly preserves for appeal a claim that his sentence is unreasonable where he argued for a lesser sentence in the district court, the U.S. Supreme Court held February 26 in Holguin-Hernandez v. United States.   Rule 51(b) of […]

McKinney v. Arizona: State courts can reweigh capital mitigators without a jury on collateral review

A state court may reweigh aggravating and mitigating circumstances without a jury after a death-sentenced defendant is granted relief on collateral review for failure to consider a mitigating circumstance at the original trial, the U.S. Supreme Court held February 25 […]

City of Escondido v. Emmons: Right to be free from excessive force too general to deny qualified immunity

The Ninth Circuit defined the right to be free from excessive force too generally to deny an officer qualified immunity, the Supreme Court ruled January 7 in City of Escondido v. Emmons.   Police responded to a possible domestic violence […]

Mitchell v. Wisconsin: Blood draw of unconscious driver suspected of drunk driving does not generally require warrant

Police do not generally need a warrant to draw the blood of an unconscious driver suspected of drunk driving, the Supreme Court ruled June 27 in Mitchell v. Wisconsin.   Gerald Mitchell was arrested for suspected drunk driving.  While on […]

United States v. Haymond: Federal statute imposing mandatory minimum sentence for violating supervised release violates Fifth and Sixth Amendment right to a jury trial

  The federal statute that requires a judge to impose a mandatory minimum five-year term and up to life in prison for certain violations of supervised release, such as possession of child pornography, violates the Fifth and Sixth Amendment right […]

United States v. Davis: Supreme Court again finds “crime of violence” definition unconstitutionally vague

The federal gun law that enhances sentences for possessing or using a firearm in furtherance of a “crime of violence” is unconstitutionally vague, the U.S. Supreme Court held June 24 in United States v. Davis.   18 U.S.C. §924(c)’s residual […]

Flowers v. Mississippi: History of discriminatory strikes, disparate questioning of jurors, and not striking similarly situated white jurors proved Batson violation

A prosecutor’s history of discriminatory peremptory strikes, disparate questioning of black and white jurors, and not striking similarly situated white jurors established a Batson violation, the U.S. Supreme Court held June 21 in Flowers v. Mississippi.   The Court broke […]

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 […]