Montgomery v. Louisiana, USSC No. 14-280, 2016 WL 280758 (January 25, 2016); reversing and remanding State v. Montgomery, 141 So.3d 264 (La. 2014); Scotusblog page (includes links to briefs and commentary) In Miller v. Alabama, 132 S.Ct. 2455 (2012), the Court held that sentencing laws mandating life without parole violate the Eight Amendment’s prohibition on cruel and… Read more
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Musacchio v. United States, USSC No. 14-1095, 2016 WL 280757 (January 25, 2016), affirming United States v. Musacchio, 590 Fed. Appx. 359 (5th Cir. 2014); Scotusblog page (including links to briefs and commentary) Resolving a split among the federal circuits, a unanimous Supreme Court holds that when a jury instruction sets forth all the elements of… Read more
Kansas v. Carr, USSC Nos. 14-449, 14-450, 14-452, 2016 WL 228342 (January 20, 2016); reversing and remanding Kansas v. (Jonathan) Carr, 329 P.3d 1195 (Kan. 2014), Kansas v. (Reginald) Carr, 331 P.3d 544 (Kan. 2014), and Kansas v. Gleason, 329 P.3d 1102 (Kan. 2014); Scotusblog page (includes links to briefs and commentary) The Eighth Amendment does not… Read more
Hurst v. Florida, USSC No. 14-7505, 2016 WL 112683 (January 12, 2016); reversing and remanding Hurst v. State, 147 So.3d 435 (Fla. 2014); Scotusblog page (includes links to briefs and commentary) In Florida the jury makes a recommendation as to whether to impose the death penalty, but the judge then holds a separate sentencing hearing and… Read more
Bruce v. Samuels, USSC No. 14-844, 2016 WL 112684 (January 12, 2016), affirming Pinson v. Samuels, 761 F.3d 1 (D.C. Cir. 2014); Scotusblog page (includes links to briefs and commentary) Under 28 U.S.C. § 1915(b)(2) of the federal Prisoner Litigation Reform Act, a prisoner proceeding in forma pauperis must pay 20% of his or her existing income toward the filing… Read more
White v. Wheeler, USSC No. 14-1372, 2015 WL 8546240, 12/14/15 (per curiam), reversing Wheeler v. Simpson, 779 F.3d 366 (6th Cir. 2015); docket The Sixth Circuit Court of Appeals failed to give proper deference to the state courts’ rulings when it granted habeas relief on the ground that the state courts unreasonably applied Supreme Court precedent regarding removal of a… Read more
Maryland v. Kulbicki, USSC No. 14-848 (per curiam) (October 5, 2015) granting cert and reversing Kulbicki v. State, 99 A.3d 730, 440 Md. 33 (2014); SCOTUSblog page This is a summary reversal of a Maryland Court of Appeal’s decision, which held that Kulbicki’s defense lawyers were constitutionally ineffective back in 1995. A jury convicted Kulbicki… Read more
