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 […]

Garza v Idaho: SCOTUS Recap

Prejudice is presumed when an attorney fails to file a notice of appeal after a client requests it, even if the client executed an appeal waiver as a part of a plea agreement, the U.S. Supreme Court ruled February 27 […]

Shoop v. Hill: Habeas courts must decide old intellectual disability claims based on Atkins, not Supreme Court 2017 opinion in Moore

A habeas court cannot apply the U.S. Supreme Court’s 2017 opinion in Moore v. Texas to claims of intellectual disability which arose before Moore, the Court held January 7.   That’s because Moore was not “clearly established” law before Moore […]

Supreme Court issues opinions on sentence enhancement under ACCA

    The U.S. Supreme Court issued two recent opinions on sentence enhancements under the Armed Career Criminal Act (ACCA) for illegal possession of firearms.   18 U.S.C. Sec. 924(e)(2)(B) imposes an enhanced, 15-year minimum prison term for illegal possession […]

Supreme Court Concludes October 2017 Term

The Supreme Court concluded its October 2017 Term with some last opinions relating to criminal law and civil rights.   In Minnesota Voters Alliance v. Mansky, decided June 14, the Court held that, even though a State may impose reasonable […]

Carpenter v. U.S.: Obtaining Cell Phone-Site Information from Third-Party Service Providers is a Search that Requires a Warrant

The Government’s obtaining of cell phone-site information from third-party service provides is a “search” under the Fourth Amendment, and requires a warrant based on probable cause, the U.S. Supreme Court held June 22 in Carpenter v. U.S..   Facts   […]

Pereira v. Sessions and Trump v. Hawaii SCOTUS Recaps

Nonpermanent residents who are subject to removal but who have had 10-years of continuous physical presence in the U.S. may seek discretionary relief known as cancellation of removal.   Under the “stop-time” rule, the 10-year physical presence is deemed to […]