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 […]

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 […]