Anthony Ray Hinton v. Alabama, USSC 13-6440, 2/24/14 (per curiam), vacating Hinton v. State, __So. 3d__, 2013WL 598122 (2/15/13). Docket here. Trial lawyers, listen up. Check your expert witness funding cap before settling for an “expert” you know is sub par. In 1985, managers of 3 different restaurants were robbed and shot—each with two .38… Read more
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Marcus Burrage v. United States, USSC 12-7515, 1/27/14, reversing United States v. Burrage, 687 F.3d 1015 (8th Cir. 2012). Docket here. SCOTUSblog analysis here. The Uniform Controlled Substances Act imposes a 20-year mandatory minimum sentence on a defendant who unlawfully distributes a Schedule I or II drug, when “death or serious bodily injury results from… Read more
Kansas v. Cheever, USSC No. 12-609, 12/11/13 United States Supreme Court decision, reversing Kansas v. Cheever, 284 P.3d 1007 (Kan. 2012). The Supreme Court unanimously holds that “where a defense expert who has examined the defendant testifies that the defendant lacked the requisite mental state to commit a crime, the prosecution may offer evidence from a… Read more
Burt v. Titlow, USSC No. 12-414, 11/5/13 United States Supreme Court decision, reversing Titlow v. Burt, 680 F.3d 577 (6th Cir. 2012) When a state prisoner asks a federal court to set aside a sentence due to ineffective assistance of counsel during plea bargaining, our cases require that the federal court use a “‘doubly deferential’” standard of review… Read more
