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44. SCOTUS

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

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Lange v. California, USSC No. 20-18, 141 S.Ct. 2011, 6/23/21, vacating People v. Lange Lange was playing loud music with his car windows down and honking his horn when he happened past a California highway patrol officer. The officer turned on his lights to pull Lange over, but Lange was close to home: he continued… Read more

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Greer v. United States, USSC No. 19-8709, together with United States v. Gary, USSC No. 20-444, June 14. 2021; Scotusblog pages for Greer and Gary (including links to briefs and commentary) These two federal felon-in-possession defendants were convicted before Rehaif v. United States, 588 U.S. ___ (2019), which held that, under 18 U.S.C. § 922(g), the government must… Read more

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United States v. Cooley, USSC No. 19-1414, 141 S.Ct. 1638 (June 1, 2021), vacating and remanding 919 F.3d 1135 (9th Cir. 2019); Scotusblog page (including links to briefs and commentary) A unanimous Court holds that tribal police officers have the power to search and temporarily detain non-Indians suspected of breaking federal or state laws within… Read more

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United States v. Cooley, USSC No. 19-1414, 2021 WL 2194835, 6/1/21, vacating 919 F.3d 1135 (9th Cir. 2019) Cooley’s truck, parked on the side of a US highway running through the Crow Reservation in Montana, attracted the attention of a Crow Police Department officer. The officer said that when he approached the truck, he found… Read more

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United States v. Palomar-Santiago, USSC No. 20-437, May 24, 2021, reversing  and remanding 813 Fed. Appx. 282 (9th Cir. 2020); Scotusblog page (including links to briefs and commentary) Under 8 U.S.C. §1326(d), a person removed from the U.S. for a criminal conviction and then charged with illegally reentering the country may collaterally attack the removal… Read more

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Edwards v. Vannoy, USSC No. 19-5807, 141 S.Ct. 1547 (May 17, 2021), affirming 2019 WL 8643258 (5th Cir. May 20, 2019) (denying certificate of appealability); Scotusblog page (including links to briefs and commentary) This decision alters the long-standing doctrine for deciding whether new rules of criminal procedure established by a decision of the Supreme Court… Read more

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Caniglia v. Strom, USSC No. 20-157, 2021 WL 1951784 , May 17, 2021; Scotusblog page (including links to briefs and commentary) In four quick pages, a unanimous Supreme Court rejects the notion that the police have a “caretaking” duty that “creates a standalone doctrine that justifies warrantless searches and seizures in the home.” This undoes… Read more

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