Ramos v. Louisiana: Sixth Amendment requires juries be unanimous, but real debate is over stare decisis

The Sixth Amendment right to jury trial requires that jurors be unanimous in their verdict, the U.S. Supreme Court held April 20, 2020, in Ramos v. Louisiana.    The Court struck down procedures in Louisiana and Oregon that allowed conviction […]

Guerrero-Lasprilla v. Barr: Immigration Act allows courts to apply a legal standard to undisputed or established facts

The Immigration and Nationality Act does not prohibit federal courts from reviewing questions of law that involve applying a legal standard to undisputed or established facts, the U.S. Supreme Court held March 23 in Guerrero-Lasprilla v. Barr.    INA, 8 […]

Kansas v. Garcia: Federal I-9 employment verification law does not preempt state law prohibiting providing false information on other employment-related documents

The Immigration Reform and Control Act does not preempt state criminal laws for identity theft and fraud for conduct related to obtaining employment, the U.S. Supreme Court ruled March 3 in Kansas v.  Garcia.   IRCA, 8 U.S.C. Sec. 1324a, […]

9th Circuit Opinions Jan – April 2020

US v. Mayea-Pulido, No. 18-50223 (1-3-20)(Friedland w/M. Smith & Bastian). This is an equal protection challenge as to derivative citizenship.  The defendant was convicted of illegal reentry under 1326, but he argued that 8 USC 1432(a), by applying different requirements […]

Kahler v. Kansas: Constitution does not require a particular standard for insanity defense

The Due Process Clause does not require states to allow the acquittal of defendants who, because of mental illness, cannot tell right from wrong when they committed their offenses, the U.S. Supreme Court held March 23 in Kahler v. Kansas.  […]

Recaps: 9th Circuit Court Opinions from late 2019

US v. Harrington, No. 18-30141 (12-24-19)(Fletcher w/Callahan & Christen). This is a double counting challenge that the 9th rejected. In an Indian country case, the 9th affirms a three level enhancement for strangling a spouse. The defendant plead to assault […]

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 […]