Glossip v. Gross, USSC No. 14-7955, 2015 WL 2473454 (June 29, 2015), affirming Warner v. Gross, 776 F.3d 721 (10th Cir. 2015); Scotusblog page (includes links to briefs and commentary) In a 5-to-4 vote, the Supreme Court rejects the claims of Oklahoma death-row prisoners that the use of a particular drug (midazolam) in the three-drug lethal injection protocol… Read more
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Johnson v. United States, USSC No. 13-7120, 2015 WL 2473450 (June 26, 2015), reversing and remanding United States v. Johnson, 526 Fed. Appx. 708 (8th Cir. 2013) (per curiam) (unpublished) (8th Cir. 2013); Scotusblog page (including links to briefs and commentary) A six-Justice majority of the Supreme Court holds that “the indeterminacy of the wide-ranging inquiry… Read more
City of Los Angeles v. Patel, USSC No. 13-1175, 2015 WL 2473445 (June 22, 2015), affirming 738 F.3d 1058 (9th Cir. 2013) (en banc); Scotusblog page (including links to briefs and commentary) A majority of the Supreme Court holds that a Los Angeles ordinance compelling hotel operators to make their guest registries available to police for inspection on demand is facially unconstitutional… Read more
Kingsley v. Hendrickson, No. 14-6368, 6/22/15, reversing Kingsley v. Hendrickson, 744 F.3d 443 (7th Cir. 2014); SCOTUSblog page (including links to briefs and commentary) Although the SPD doesn’t appoint counsel to litigate excessive force claims against law enforcement, this case may interest your clients. It stems from a deputy’s tasing of a pre-trial detainee at… Read more
Brumfield v. Cane, USSC No. 13-1433, (June 18, 2015), reversing Brumfield v. Cain, 744 F.3d 918 (5th Cir. 2014); SCOTUSblog page (including links to briefs and commentary); Majority opinion by Sotomayor; dissenting opinion by Thomas (joined in part by Roberts, Scalia and Alito) Brumfield was convicted of murder and sentenced to death before Atkins v. Virginia… Read more
Davis v. Ayala, USSC No. 13-1428 (June 18, 2015), reversing Ayala v. Wong, 756 F.3d 656 (9th Cir. 2013); majority opinion by Justice Alito; concurrences by Justices Kennedy and Thomas; dissent by Justice Sotomayor SCOTUSblog page (including links to briefs and commentary) Jury selection for Hector Ayala’s murder trial spanned 3 months and involved more than 200 prospective jurors… Read more
Ohio v. Darius Clark, USSC No. 13-1352, 2015 WL 2473372 (June 18, 2015), reversing State v. Clark, 999 N.E.2d 592 ((Ohio 2013); Scotusblog page (including links to briefs and commentary) A unanimous Supreme Court holds that statements a child made to his teachers about who was physically abusing him were not “testimonial” for purposes of the Confrontation Clause. The Court agrees that the Confrontation Clause… Read more
Stephen McFadden v. United States, USSC No. 14-378, 2015 WL 2473377 (June 18, 2015), reversing and remanding United States v. McFadden, 753 F.3d 432 (4th Cir. 2014); Scotusblog page (including links to briefs and commentary) The Supreme Court holds that in order to convict a defendant of distribution a controlled substance analogue, the government must prove that the defendant… Read more
