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 […]

Probable cause is based on totality of circumstances, Supreme Court says, but Ginsburg suggests subjective intent of police needs to be considered

In District of Columbia v. Wesby, decided January 22, the U.S. Supreme Court reaffirmed that probable cause is based on an objective totality of circumstances test.    But Justice Ginsburg, in a notable concurring opinion, called for reexamination of Supreme […]

An Interview with Dawn Van Hoek

NAPD:  We understand that you are retiring. Congratulations!  Please tell us about your career as a public defender.   There was never any doubt about my career – I watched “Perry Mason” as a child, and always identified with standing […]

Supreme Court Issues Habeas Decisions on Racial Bias, Specific Performance of Plea Agreements, and Competency to be Executed

The U.S. Supreme Court, in three habeas corpus decisions so far this term, continued a recent trend to grant relief in cases of racial bias, but deferred to state courts on other types of claims.   In Tharpe v. Sellers, […]

Jenkins v. Hutton: Supreme Court Reaffirms Sawyer Standard for Reviewing Defaulted Habeas Claims

In deciding whether a federal habeas petitioner can pursue a procedurally defaulted claim of improper jury instructions in a death penalty case, the question is whether, given proper instructions about aggravating circumstances, a reasonable jury could have decided that aggravating […]