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B. Opinions

Some (brief) notes on Bruen

New York State Rifle & Pistol Association Inc. v. Bruen, USSC No. 20-843, 6/23/22 reversing N.Y. State Rifle & Pistol Ass’n v. Beach (2nd Cir. unpublished); Scotusblog page (including briefs and commentary) You can read tons of analysis of, and commentary on, of this precedent-demolishing (and establishing) case at Scotusblog (and many, many other places)… Read more


Some thoughts on Dobbs

Dobbs v. Jackson Women’s Health Organization, No. 19-1392, 2022 WL 2276808, June 24, 2022, reversing 945 F.3d 265 (5th Cir. 2019); Scotusblog coverage As you all know, Dobbs overruled Roe v. Wade, 410 U.S. 113 (1973) and Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992), which held that a woman has a… Read more


Denezpi v. United States, No. 20-7622, 2022 WL 2111348, June 13, 2022, affirming U.S. v. Denezpi, 979 F.3d 777 (10th Cir. 2020); Scotusblog page (including briefs and commentary) Denezpi was prosecuted in the Court of Indian Offenses, a creature of the federal Bureau of Indian Affairs that provides a criminal court system for those (relatively few)… Read more


Last week SCOTUS issued Kemp v. United States construing Federal Rule of Civil Procedure 60(b)(1). That rule allows a party to seek relief based on “mistake, inadvertence, surprise or excusable neglect” within one year of the date on which a judgment becomes final. Wisconsin’s analog is §806.07.  The issue in Kemp was whether the term… Read more


Shinn v. Ramirez, USSC No. 20-1009, 5/23/22, reversing Ramirez v. Ryan, 937 F.3d 1230 (9th Cir. 2019); Scotusblog page (including links to briefs and commentary) You can read at Scotusblog quite a bit of commentary on this most recent entry in the present Court’s war on habeas. At oral argument, the lawyer for the state… Read more


Hemphill v. New York,  USSC No. 20-637, 142 S.Ct. 681, 1/20/22 reversing and remanding People v. Hemphill, 150 N.E.3d 356; Scotusblog page (including links to briefs and commentary) New York charged Hemphill with a homicide; a stray 9mm bullet fired after a fight in the street had killed a child. Hemphill’s defense was that another… Read more


Shoop v. Twyford, USSC No. 21-511, cert granted 1/14/22; SCOTUSblog page (containing links to briefs and commentary) Questions  presented: 1.  28 U.S.C. §2241(c) allows federal courts to issue a writ of habeas corpus ordering the transportation of a state prisoner only when necessary to bring the inmate into court to testify or for trial. May… Read more


Is State v. Machner unconstitutional? Part 2

We have a new development to report.  Recall that in 2015, Federal Defender Shelley Fite wrote an excellent guest post about a 7th Circuit decision, Pidgeon v. Smith, 785 F.3d 1165 (2015).  The 7th Circuit held that Machner‘s requirement–that a defendant claiming ineffective assistance of counsel must present his lawyer’s testimony at an evidentiary hearing–is… Read more