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, […]

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Campos-Chaves v. Garland:  In absentia removal orders cannot be rescinded if noncitizen received any notice to appear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