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Pulsifer v. U.S.:  Supreme Court limits criminal-history “safety valve” relief under First Step Act

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            A defendant seeking “safety valve” relief under the First Step Act for criminal history must not fall into any of the three listed ineligible categories, the U.S. Supreme […]

McElrath v. Georgia:  Double Jeopardy bars retrial after acquittal even if verdict is inconsistent with other verdicts

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender Double jeopardy bars retrial after a verdict of not guilty by reason of insanity even if that verdict is inconsistent with other verdicts in the case, the U.S. Supreme […]

Federal Bureau of Investigation v. Fikre:  Challenge to “no fly list” not moot after removal unless government proves listing will not recur

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            A citizen’s challenge to being placed on the government’s “no fly list” is not moot – even after the listing is rescinded – without clear evidence that the […]

McElrath v. Georgia:  Double Jeopardy bars retrial after acquittal even if verdict is inconsistent with other verdicts

Double jeopardy bars retrial after a verdict of not guilty by reason of insanity even if that verdict is inconsistent with other verdicts in the case, the U.S. Supreme Court held February 21, in McElrath v. Georgia.             Damian McElrath, […]

Wilkinson v. Garland:  Family hardship exception to cancellation of removal is reviewable by Court of Appeals

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The family “hardship exception” to cancellation of removal of noncitizens is a mixed question of fact and law which is reviewable by the Court of Appeals, the U.S. […]

Another Supreme Court Decision Stopping Innocent People from Getting Their Day in Court w/Alison Guernsey and Meredith Esser

An unfortunate theme of the show is the reality that the Supreme Court is more than happy to close the doors of the courthouse to those who are factually or legally innocent. Preferring to uphold and support the concept of […]