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 […]

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        A citizen’s challenge to being placed on the government’s “no fly list” is not moot – even after the listing is rescinded – without clear evidence that the […]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 […]