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OT 17

Timbs v. Indiana, USSC No. 17-1091, February 20, 2019, reversing State v. Timbs, 84 N.E.3d 1179 (Ind. 2017); Scotusblog page (including links to briefs and commentary) “The question presented: Is the Eighth Amendment’s Excessive Fines Clause an ‘incorporated’ protection applicable to the States under the Fourteenth Amendment’s Due Process Clause?” The answer: Yes. Like the Eighth… Read More

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Carpenter v. United States, USSC No. 16-402, 2018 WL 3073916, reversing United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); Scotusblog page (includes links to briefs and commentary) This one is a big deal. It’s impossible to say just where the law will go from here, but it’s clear there will be a lot of… Read More

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Currier v. Virginia, USSC No. 16-1348, 2018 WL 3073763, June 22, 2018, affirming State v. Currier, 779 S.E.2d 834 (Va. App. 2015), reasoning adopted by 798 S.E.2d 164 (Va. 2016); Scotusblog page (includes links to briefs and commentary) A defendant who agrees to have overlapping charges considered in two separate trials cannot invoke the doctrine of issue preclusion adopted in Ashe… Read More

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Rosales-Mireles v. United States, USSC No. 16-9493, 2018 WL 3013806, 6/18/18, reversing United States v. Rosales-Mireles, 850 F.3d 246 (5th Cir. 2017); SCOTUSblog page (includes links to briefs and commentary) As we noted in our prior post, this case is primarily of interest to federal practitioners, dealing as it does with the federal sentencing guidelines and the… Read More

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Collins v. Virginia, USSC No. 16-1027, 2018 WL 2402551, 5/29/18, reversing Collins v. Commonwealth, 790 S.E.2d 611 (Va. 2016); SCOTUSblog page (includes links to briefs and commentary) Police learned a stolen motorcycle that had evaded them on two occasions was likely parked at a house where Collins stayed. When they got to the house, they… Read More

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McCoy v. Louisiana, USSC No. 16 – 8255, 2018 WL 218-617, 5/14/18, reversing and remanding State v. McCoy, 2018 So.3d 535 (La. 2016); SCOTUSblog page (includes links to briefs and commentary). In a 6-3 opinion written by Justice Ginsburg, SCOTUS holds that the Sixth Amendment guarantees a defendant the right to choose the objective of his… Read More

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Dahda v. United States, USSC No. 17-43, 2018 WL 2186173 (May 14, 2018), affirming United States v. Dahda, 853 F.3d 1101 (10th Cir. 2017); Scotusblog page (including links to briefs and commentary) This decision will be important to federal criminal defense practitioners dealing with evidence obtained with wiretap orders issued under 18 U.S.C. § 2510 et seq… Read More

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On March 5, 2018, the Supreme Court decided U.S. Bank N.A. v. Village at Lakeridge, USSC No. 15-1509, 2018 WL 1143822, a bankruptcy case that we note here solely because it addresses a narrow issue that can matter to appellate litigators, civil and criminal: What is the standard of appellate review of mixed questions of law and… Read More

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