Here is the abstract for Prof. Jason Kreag’s new article on the Social Science Research Network: The institution of the prosecutor has more power than any other in the criminal justice system. What is more, prosecutorial power is often unreviewable as a result of limited constitutional regulation and the fact that it is increasingly exercised… Read more
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Ocasio v. United States, USSC No. 14-361, (May 2, 2016), affirming United States v. Ocasio, 750 F.3d 399, (4th Cir. 2014); SCOTUSblog page (includes links to briefs and commentary) That post title is Justice Thomas’s view of the majority’s decision in this case, and he is not the lone dissenter. The Hobbs Act makes it a… Read more
That’s what we suspect anyway. In 2011, Kansas passed the Offender Registration Act, which requires persons convicted of certain felonies to register with state authorities. That prompted the question of whether applying the Act to persons convicted before it went into effect would violate the constitutional prohibition against ex post facto laws. Last week, the… Read more
Michael Miller v. Dushan Zatecky, 7th Circuit Court of Appeals No. 15-1869, 4/26/2016 An Indiana state court sentenced Michael Miller to a total of 120 years in prison on three counts of child molestation. On direct appeal, his lawyer raised challenges to the sufficiency of the evidence and the admission of other-acts evidence, but did… Read more
United States v. Lemurel E. Williams, 7th Circuit Court of Appeals No. 15-1194, 4/26/16 Williams is entitled to a new trial because under the totality of the circumstances, the jury’s continued deliberations after an aborted delivery of the initial verdict were impermissibly coercive. The jury returned a guilty verdict but, during the polling of the jurors, the… Read more
As readers may know, the prosecutors in the so-called “John Doe” cases have filed a petition for certiorari in the United States Supreme Court. The substance of the first question presented is the constitutionality of the statute prohibiting coordination between candidates’ campaigns and advocacy groups, a topic that is outside On Point’s bailiwick. The other questions presented are of potential interest… Read more
Donovan M. Burris v. Judy P. Smith, 7th Circuit Court of Appeals No. 15-2891, 4/28/16 Burris’s claim that a supplemental instruction to the jury about how to determine “utter disregard for human life” doesn’t present a claim for federal habeas relief because it presents only a claim about an error of state law, not a… Read more
State v. G.H., 2015AP1606, District 1, 4/28/16 (one-judge decision; ineligible for publication); case activity G.H.’s parental rights to M.R.H. were terminated on the grounds that M.R.H. remained in need of protection or services under § 48.415(2) and that G.H. had failed to assume parental responsibility under § 48.415(6). The court of appeals rejects his claims… Read more
