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OT 12

Adoptive Couple v. Baby Birl, USSC No. 12-399, reversing and remanding 298 S.C. 625, 731 S.E.2d 550 (2012). SCOTUSblog coverage here. TPR lawyers, this one is for you. The dissent says the casual reader of the majority opinion could be forgiven for thinking that Indian Child Welfare Act of 1978 points to only one sensible… Read More

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Giridhar C. Sekhar v. United States, USSC No. 12-357, 6/26/13 United States Supreme Court decision, reversing U.S. v. Sekhar, 683 F.3d 436 (2nd Cir. 2012) Attempting to compel a person to recommend that his employer approve an investment does not constitute “the obtaining of property from another” for purposes of a prosecution under the Hobbs Act… Read More

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United States v. Anthony James Kebodeaux, USSC No. 12-418, 6/24/13 United States Supreme Court decision, reversing U.S. v. Kebodeaux, 687 F.3d 232 (5th Cir. 2012) The Court holds that the federal Sex Offender Registration and Notification Act (SORNA) applies to a person despite the fact he was convicted (at a court martial), and completed service of… Read More

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Matthew Robert Descamps v. United States, USSC No. 11-9540, 6/20/13 United States Supreme Court decision, reversing United States v. Descamps, No. 08-30013 (9th Cir. Jan. 10, 2012) (unpublished) The Armed Career Criminal Act (ACCA or Act), 18 U. S. C. §924(e), increases the sentences of certain federal defendants who have three prior convictions “for a… Read More

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Genovevo Salinas v. Texas, USSC No. 12-246, 6/17/13 United States Supreme Court decision, affirming Salinas v. State, 369 S.W.2d 176 (Tex. Crim. App. 2012) Consistent with the rule applied to a defendant’s silence after being informed of his Miranda rights, the Supreme Court holds that a suspect who is being questioned before he was arrested… Read More

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Allen Ryan Alleyne v. United States, USSC No. 11-9335, 6/17/13 United States Supreme Court decision, vacating and remanding United States v. Alleyne, No. 11-4208 (4th Cir. Dec. 15, 2011) Since Apprendi v. New Jersey, 530 U.S. 466 (2000), a defendant has had the right to demand the jury find beyond a reasonable doubt any fact… Read More

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United States. v. Anthony Davila, USSC No. 12-167, 6/13/13 United States Supreme Court decision, reversing United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (per curiam) Rule 11(c)(1) of the Federal Rules of Criminal Procedure provides that parties may discuss and reach a plea agreement, but that the court “must not participate in these discussions.” In… Read More

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Marvin Peugh v. United States, USSC No. 12-62, 6/10/13 United States Supreme Court decision, reversing United States v. Peugh, 675 F.3d 736 (7th Cir. 2012) Resolving a split between federal circuit courts, the Supreme Court holds that a sentencing court violates the Ex Post Facto Clause by using the U.S. Sentencing Guidelines in effect at the… Read More

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