Adam Samia v. United States, USSC No 22-196 ; cert. granted 12/13/22; Scotusblog page (containing links to briefs and commentary) Question presented: Whether admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates the defendant’s rights under the Confrontation Clause of the Sixth Amendment. Samia and 2 co-defendants… Read more
44. SCOTUS
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Pistol Association Inc. v. Bruen, USSC No. 20-843, 6/23/22 reversing N.Y. State Rifle & Pistol Ass’n v. Beach (2nd Cir. unpublished); Scotusblog page (including briefs and commentary) You can read tons of analysis of, and commentary on, of this precedent-demolishing (and establishing) case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
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
Jones v. Hendrix, USSC No. 21-857; cert. granted 5/16/22; Scotusblog page (containing links to briefs and commentary) Question presented: The question presented is whether federal inmates who did not—because established circuit precedent stood firmly against them—challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas… Read more
State v. Jovan T. Mull, 2020AP1362, petition for review of a per curiam opinion granted, 5/18/22, case activity (including briefs) Question Presented (from petition): Under binding case law, in reviewing an ineffective assistance claim, the court must defer to a trial attorney’s strategic decisions. Here, the circuit court found Mull’s attorney used reasonable strategies in… Read more
