Lester Ray Nichols v. United States, USSC No. 15-5238, 2016 WL 1278473, (April 4, 2016), reversing United States v. Nichols, 775 F.3d 1225 (10th Cir. 2014); Scotusblog page (including links to briefs and commentary) In a unanimous opinion of limited impact, the Supreme Court holds that a prior version of SORNA did not require a registered sex… Read more
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It’s been a quiet week for appellate decisions, so here are some links to sate your appetite for law-related reading: Is cell phone location tracking is a search under the Fourth Amendment? The Wisconsin Supreme Court couldn’t decide that question, but the Maryland Court of Appeals can, and does: We conclude that people have a reasonable expectation… Read more
Michael Carter v. Stephen Duncan, 7th Circuit Court of Appeals No. 13-2243, 3/30/16 Carter sought habeas relief on the ground his trial lawyer was ineffective for failing to investigate what two defense potential witnesses had to say and failing to present their testimony at his murder trial. The Seventh Circuit holds that although the state court… Read more
Sila Luis v. United States, USSC No. 14-419, 2016 WL 1228690 (March 30, 2016), vacating and remanding U.S. v. Luis, 564 Fed. Appx. 493 (11th Cir. 2014) (per curiam) (unpublished); Scotusblog page (including links to briefs and commentary) The question presented in this case is whether the pretrial restraint of a criminal defendant’s legitimate, untainted assets—that is… Read more
Question presented: Whether, under Ashe v. Swenson, 397 U.S. 436 (1970), and Yeager v. United States, 557 U.S. 110 (2009), a vacated, unconstitutional conviction can cancel out the preclusive effect of an acquittal under the collateral estoppel prong of the Double Jeopardy Clause? Lower court opinion: U.S. v. Juan Bravo-Fernandez, 790 F.3d 41 (1st Cir. 2015)… Read more
Marquette County v. T.F.W., 2015AP2603-FT, 3/24/16, District 4 (one-judge decision; ineligible for publication); case activity At T.F.W.’s ch. 51 extension hearing, one of the examining physicians was asked “have the advantages, disadvantages and alternatives to [T.F.W.’s] medication been explained to [him]?” Her answer: “Yes, they have.” (¶7). That was the extent of the testimony on… Read more
Arthur Mitchell v. Donald Enloe, 7th Circuit Court of Appeals No. 14-2946, 3/24/16 The Seventh Circuit rejects Mitchell’s claims that the lawyer representing him at his state murder was ineffective because he should have asked for a provocation instruction as well as a self-defense instruction, because the two defenses were inconsistent and the jury clearly rejected the… Read more
Eric D. Holmes v. Ron Neal, 7th Circuit Court of Appeals Nos. 04-3549, 06-2905, and 14-3359, 3/22/16 Holmes claims various errors in his capital murder case merit habeas relief, but the 7th Circuit doesn’t agree. Holmes’s primary claims involve unanticipated testimony by a sheriff’s deputy during the guilt phase of his trial and various errors during the penalty phase… Read more
