Ellingburg v. U.S.:  Restitution under Mandatory Victims Restitution Act is criminal punishment for purposes of Ex Post Facto Clause

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender Restitution under the Mandatory Victims Restitution Act (MVRA) is criminal punishment for purposes of the Ex Post Facto Clause, the U.S. Supreme Court held January 20 in Ellingburg v. […]

Case v. Montana:  “Probable cause” standard inapplicable to warrantless police entry into homes to render emergency aid

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender Police can enter a home without a warrant if they have an “objectively reasonable basis” for believing someone inside needs emergency assistance; they do not need “probable cause” to […]

Barrett v. U.S:  Defendants can’t be convicted of both use of a firearm in connection with a crime of violence under Sec. 924(c) and causing death under Sec. 924(j); Gorsuch calls for revisiting Court’s Double Jeopardy jurisprudence

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender             A person convicted of having a firearm in connection with a federal crime of violence or drug trafficking under Sec. 924(c) cannot also be convicted of violating Sec. […]

Bowe v. U.S:  Federal prisoners not barred from raising prior claims in successive or second habeas petitions

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender             The provision of Sec. 2244 that prohibits state prisoners from bringing second or successive habeas petitions which raise claims that were previously presented does not apply to federal […]

Clark v. Sweeney:  Federal habeas courts can’t grant relief on claims not raised by parties

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender             Federal habeas courts cannot grant relief on claims the parties never raised because this violates the principle of party presentation, the U.S. Supreme Court held November 24, 2025, […]

Pitts v. Mississippi: Mandatory screening of child witnesses from defendants violatesConfrontation Clause

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender             State statutes that automatically allow child witnesses to be screened from seeing a defendant at trial without an individualized finding of necessity violate the Sixth Amendment’s Confrontation Clause, […]

Martin v. U.S.:  Supreme Court rejects Eleventh Circuit’s approach to Federal Tort Claims Act

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender The “law enforcement proviso” in the Federal Tort Claims Act does not override the “discretionary-function exception” in the statute, the Supreme Court held June 12 in Martin v. United […]

Bondi v. Vanderstok:  AFT regulations of “weapon part kits”  are not facially invalid

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal regulations requiring that “weapon part kits” comply with the licensing, record-keeping and background check requirements of the Gun Control Act are not facially invalid, the U.S. […]

Kousisis v. U.S.:  Wire-fraud conviction for fraudulent inducement doesn’t require victim suffer pecuniary loss

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Making a materially false statement to obtain money or property violates the federal wire fraud statute even if the victim – who receives goods or services in return […]

Barnes v. Felix:  Supreme Court rejects “moment-of-threat” rule in police shootings

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Courts must consider the totality of circumstances – not just circumstances during the “moment of threat” — in determining whether police use of deadly force is objectively reasonable […]