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 […]

Thompson v. U.S.:  Statute prohibiting “false” statements in connection with loans does not criminalize “misleading” statements

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute which prohibits making false statements to the FDIC in connection with a loan does not criminalize “misleading” statements which are not false, the U.S. Supreme […]

Delligatti v. U.S.:  Crimes of omission qualify as “crimes of violence” under ACCA

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Causing bodily injury by omission qualifies as a “crime of violence” under the Armed Career Criminal Act Sec. 924(c)(3)(A), the U.S. Supreme Court held March 21 in Delligatti […]

Wiley Files Supreme Court Amicus Brief Regarding Federal Sentencing Guidelines

http://Wiley Files Supreme Court Amicus Brief Regarding Federal Sentencing Guidelines April 17, 2025 Washington, DC – Wiley, working with the Supreme Court Program at the University of North Carolina (UNC) School of Law, has filed an amicus brief on behalf of the National […]

Bouarfa v. Mayorkas:  Homeland Security’s discretionary authority to revoke a previously-approved visa application is not subject to judicial review

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The statute which states that the Secretary of Homeland Security “may, at any time” revoke prior approval of a visa petition “for what he deems to be good […]

Supreme Court issues capital opinions on failure to correct false evidence, presenting highly prejudicial evidence, and intellectual disability

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The U.S. Supreme Court has issued opinions in three death penalty cases so far this Term.            In a case that received wide publicity, Glossip v. Oklahoma, decided […]

Seventh Amendment requires jury trial when Government seeks punitive civil damages, not adjudication by administrative agencies

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            When the Government seeks punitive civil damages, the Seventh Amendment mandates a jury trial, not an administrative proceeding, the U.S. Supreme Court held June 27 in Securities and […]