Diaz v. U.S.:  Expert testimony on “most” people’s mental state does not violate Rule 704(b) – Jackson and Gorsuch suggest ways for defense to use or limit ruling

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Expert testimony that “most” drug couriers know they are transporting drugs does not violate Rule 704(b)’s prohibition on testimony about a defendant’s mental state, because the expert testimony […]

Campos-Chaves v. Garland:  In absentia removal orders cannot be rescinded if noncitizen received any notice to appear

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender Holding Dissent

Garland v. Cargill:  ATF exceeded statutory authority in banning bump stocks

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The ATF lacked statutory authority to ban bump stocks because they do not meet the statutory definition of “machine guns” the U.S. Supreme Court ruled June 14 in […]

Thornell v. Jones:  Federal courts cannot ignore weighty aggravating evidence in applying Strickland prejudice standard

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The Ninth Circuit improperly ignored the weight of aggravating evidence in finding that a death-sentenced defendant was prejudiced under Strickland’s standard for ineffective assistance of counsel, the U.S. […]

Brown v. United States:  Removal of drug from federal schedules after state offense doesn’t preclude liability under ACCA

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            A state crime counts as a “serious drug offense” under the Armed Career Criminal Act it if involved a drug that was on the federal schedules when a […]

Culley v. Marshall:  Separate preliminary hearing not required in forfeiture cases, but five justices suggest other forfeiture challenges

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Due process does not require a separate preliminary hearing to determine whether the Government may retain property before a pending forfeiture hearing, the U.S. Supreme Court held May […]

McIntosh v. United States:  Failure to comply with Rule 32 requiring preliminary order of forfeiture before sentencing does not bar forfeiture

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Even though Rule 32.2 requires a district court to enter a preliminary order of forfeiture before sentencing, failure to do so does not bar the court from ordering […]

The Supreme Court Just Made It Easier for Police to Testify that All Defendants Are Guilty

An opinion piece by Josh Perry On June 20th the Supreme Court struck down some extra-textual barriers to civil suits for retaliatory arrest and malicious prosecution – while making it much easier for accused people to get wrongfully prosecuted and […]

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 […]