Lagos v. United States: Mandatory Victims Restitution Act does not require defendants to reimburse victims for expenses incurred in private investigations or civil proceedings

The Mandatory Victims Restitution Act (MVRA) does not require defendants to reimburse victims for expenses incurred in private investigations or civil proceedings arising out of the criminal offense, the U.S. Supreme Court held May 29 in Lagos v. United States. […]

U.S. v. Sanchez-Gomez: Challenge to pretrial shackling policy became moot in individual criminal cases once those cases were concluded

Individual criminal defendants’ claims that a pretrial shackling policy was unconstitutional became moot when the defendants’ criminal cases were concluded, the U.S. Supreme Court ruled May 14 in U.S. v. Sanchez-Gomez.    The defendants’ claims were not saved from mootness […]

Dahda v. United States: Supreme Court explains when wiretap orders are “insufficient on their face”

Even though an order for a wiretap under the Omnibus Crime Control and Safe Streets Act contained a presumptively-invalid authorization to tap phones outside the territorial jurisdiction of the authorizing judge, the order was not “insufficient on its face” with […]

McCoy v. Louisiana: Defense counsel cannot concede client’s guilt against client’s wishes

The Sixth Amendment right to the assistance of counsel precludes defense attorneys from conceding their clients’ guilt against the clients’ wishes, the U.S. Supreme Court held May 14 in McCoy v. Louisiana.    The ruling potentially limits other concessions defense […]

Byrd v. U.S.: Non-authorized drivers may have reasonable expectation of privacy in rental car

Drivers may have a reasonable expectation of privacy in a rental car, even though the rental agreement did not authorize them to drive the car, the U.S. Supreme Court ruled May 14 in Byrd v. United States.   Terrance Byrd […]

Murphy v. Smith: Prison Litigation Reform Act requires that prevailing prisoners pay 25% of their judgments toward their attorney’s fees

When prisoners win civil rights cases for unconstitutional conditions in prison, the Prison Litigation Reform Act requires that 25|PERCENT| of the judgment be used to pay their attorney’s fees before the defendants can be required to pay any excess attorney’s […]

Marinello v. U.S.: Tax obstruction requires intent by taxpayer to obstruct a particular IRS investigation or audit

An Internal Revenue Code provision, which makes it a felony to “corruptly or by force” “obstruct or imped[e] the due administration of this title,” requires intent by a taxpayer to obstruct a particular investigation or audit, the Supreme Court held […]

Jennings v. Rodriguez: Immigration and Nationality Act does not require that detainees be granted bail, but constitutional question remains undecided

The Immigration and Nationality Act’s statutory provisions do not require that persons held under the Act be granted bail, the Supreme Court held February 27 in Jennings v. Rodriguez.   But the Court did not decide whether such persons might […]

Kisela v. Hughes: Courts must not define ‘clear established’ law with high level of generality in deciding if police have qualified immunity

The U.S. Supreme Court, in Kisela v. Hughes, decided April 2, again warned lower courts that they must not define “clearly established” law with a high level of generality in deciding whether police officers are entitled to qualified immunity.   […]

Ayestas v. Davis: Supreme Court rejects restrictive test for obtaining expert and investigative funding in federal cases

Applicants seeking funding for expert and investigative assistance under 18 U.S.C. Sec. 3599 must only show that their requests are “reasonably necessary” for their cases, the U.S. Supreme Court ruled March 21 in Ayestas v. Davis.    The Court rejected […]