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 […]

Fischer v. United States:  Sarbanes-Oxley obstruction statute requires destruction of documents or records; doesn’t apply to general conduct of “January 6” defendants

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute making it unlawful to “otherwise” obstruct an official proceeding applies only to destruction of documents, records or objects, not to the conduct of the “January […]

Snyder v. U.S.:  Federal corruption statute doesn’t prohibit “gratuities” to state and local officials

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute which prohibits state and local public officials from corruptly accepting anything of value with the intent to be influenced or rewarded for an official act […]

U.S. v. Rahimi:  Prohibiting persons with domestic violence restraining orders from possessing guns doesn’t violate Second Amendment

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute which prohibits people subject to domestic violence restraining orders from possessing a firearm if they are a “credible threat” to the safety of their partner […]

Gonzalez v. Trevino:  Fifth Circuit too narrowly applied “Nieves exception” to bar retaliatory arrest claim

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The Fifth Circuit too narrowly applied the “Nieves exception” to bar a retaliatory-arrest claim where the plaintiff was able to show objective evidence that similarly situated people were […]

Dep’t of State v. Munoz:  Constitution doesn’t require noncitizen spouses be admitted to U.S

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            There is no constitutional right for a spouse to have their noncitizen-spouse admitted into the country, the U.S. Supreme Court held June 21 in Department of State v. […]

With a Conservative Supreme Court, Do State Courts Offer the Best Path for a Better Criminal Legal System? w/Kathrina (Kasia) Szymborski Wolfkot

Today, Hunter is joined by Kathrina “Kasia” Szymborski Wolfkot from the Brennan Center for Justice. On today’s episode, Hunter and Kasia explore a rare area for hope on the show: State Courts. While much of the focus of teaching and […]

Erlinger v. U.S.:  Juries, not judges, must decide if prior convictions happened at separate times

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The Sixth Amendment right to a jury trial requires that juries, not judges, decide if prior convictions happened at separate times to trigger lengthier prison terms under the […]

Smith v. Arizona:  Expert’s reliance on another expert’s work for their opinion is “for the truth” and implicates Confrontation Clause

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender When an expert witness testifies to an absent lab analyst’s factual assertions to support his own opinion, the absent analyst’s statements are being offered for “the truth of the […]

Chiaverini v. City of Napoleon:  Malicious prosecution suit can be brought for no-probable-cause charge even if other charges are valid

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Plaintiffs who are charged with multiple offenses – only one of which lacks probable cause – can still bring a malicious prosecution claim for the no-probable cause charge, […]