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OT 16

Virginia v. Dennis LeBlanc, USSC No. 16-1177, 2017 WL 2507375 (June 12, 2017), reversing LeBlanc v. Mathena, 841 F.3d 256 (4th Cir. 2016); Scotusblog page (including links to briefs and commentary) Although this is a per curiam decision and it’s decided under the rubric of federal habeas review, the upshot of this opinion is that states… Read More

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Terry Michael Honeycutt v. United States, USSC No. 16-142, 2017 WL 2407468 (June 5, 2017), reversing United States v. Honeycutt, 816 F.3d 362 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) A federal statute—21 U.S.C. § 853—mandates forfeiture of “any property constituting, or derived from, any proceeds the person obtained, directly or indirectly… Read More

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Juan Esquivel-Quintana v. Jefferson B. Sessions, USSC No. 16-54, 2017 WL 2322840 (May 30, 2017), reversing Esquivel-Quintana v. Lynch, 810 F.3d 1019 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) A non-citizen convicted of an “aggravated felony” is subject to virtually automatic deportation. 8 U.S.C. § 1227(a)(2)(A)(iii). One of the crimes listed as an… Read More

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Nelson v. Colorado, USSC No. 15-526, (April 20, 2017), reversing and remanding Colorado v. Nelson, 364 P.3d 866 (2015); SCOTUSblog page (inlcuding links to briefs and commentary). This decision establishes that a State cannot force an exonerated defendant to file a civil suit and prove his innocence by clear and convincing evidence in order to… Read More

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Manrique v. United States, USSC No. 15-7250, 2017 WL 1390728 (April 19, 2017), affirming United States v. Manrique, 618 Fed. App. 579 (11th Cir. 2016); Scotusblog page (including links to briefs and commentary) Lawyers handling federal criminal appeals, take note: This decision holds that, to challenge a deferred restitution order under the Mandatory Victim Restitution Act, 18 U.S.C. §… Read More

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The Texas court had applied what’s been called “the Lennie standard”; today the high Court holds that this test disregards current medical standards and is thus invalid. For more, see our post on the cert grant… Read More

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Elijah Manuel v. City of Joliet, Illinois, USSC No. 14-9496, 2017WL1050976 (March 21, 2017), reversing and remanding Manuel v. Illinois, 590 FedAppx. 641 (7th Cir. 2015)(unpublished); SCOTUSblog page (including links to briefs and commentary) This decision is noteworthy for two reasons. First, it’s a reminder that when something goes very wrong in your client’s case… Read More

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Miguel Angel Peña-Rodriguez v. Colorado, USSC No. 15-606, 2017 WL 855760 (March 6, 2017), reversing Peña-Rodriguez v. People, 350 P.3d 287 (Colo. 2015); Scotusblog page Every state and federal jurisdiction has some version of the “no-impeachment rule,” which, after a verdict is received, bars an aggrieved party from presenting testimony by jurors regarding the jury’s… Read More

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