≡ Menu

Smith v. Arizona, U.S.S.C. No. 22-899, cert. granted 9/29/23; Scotusblog page (containing links to briefs and commentary)

Question presented:

Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a) the testifying expert offers some independent opinion and the analyst’s statements are offered not for their truth but to explain the expert’s opinion, and (b) the defendant did not independently seek to subpoena the analyst.

[continue reading…]

{ 0 comments }

United States v. Zackey Rahimi, U.S.S.C. No. 22-915, cert. granted 6/30/23; Scotusblog page (containing links to briefs and commentary)

In a case with ramifications for Wisconsin law, SCOTUS has agreed to determine the extent of its recent decision in Bruen, which mandated a new form of historical analysis for firearm restrictions impinging on citizens’ 2nd Amendment right to possess guns for self-defense.

[continue reading…]

{ 1 comment }

Counterman v. Colorado, USSC No. 22-138; cert. granted 1/13/23; Scotusblog page (containing links to briefs and commentary)

Question presented:

Whether, to establish that a statement is a “true threat” unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective “reasonable person” would regard the statement as a threat of violence.

[continue reading…]

{ 1 comment }
RSS