Flowers v. Mississippi, USSC No. 17-9572, 2019 WL 2552489, June 21, 2019, reversing Flowers v. State, 240 So. 3d 1082 (Miss. 2017); Scotusblog page (includes links to briefs and commentary) The Court reverses Curtis Flowers’ conviction and death sentence and orders a seventh new trial on the ground that the district attorney at his sixth trial… Read more
OT 18
Mitchell v. Wisconsin, No. 18-6210, 6/29/19, vacating and remanding State v. Mitchell, 2018 WI 84, Scotusblog page (including links to briefs and commentary) This is the decision we’ve all been waiting for on whether a blood draw from an unconscious OWI suspect requires a warrant. Wouldn’t you know–the opinion is splintered. Alito, writing for 4 justices… Read more
Terance Martez Gamble v. United States, USSC No. 17-646, 2019 WL 2493923, June 17, 2019, affirming United States v. Gamble, 694 Fed. Appx. 750 (11th Cir. 2017); Scotusblog page (includes links to briefs and commentary) Gamble challenged the validity of the “dual-sovereignty” doctrine, which holds that it doesn’t violate the Fifth Amendment’s Double Jeopardy Clause to convict… Read more
Quarles v. United States, No. 17-778, 6/10/19, affirming United States v. Quarles, 850 F.3d 836 (6th Cir. 2017); Scotusblog page (including links to briefs and commentary) Quarles was convicted of home invasion in Michigan. When he was later charged with being a felon in possession of a firearm, that ealier conviction became one of the prior… Read more
Mont v. United States, USSC No. 17-8995, June 3, 2019, affirming United States v. Mont, 723 Fed. Appx. 325 (6th Cir. 2018); Scotusblog page (includes links to briefs and commentary) Under 18 U.S.C. § 3624(e), the period of supervised release imposed as part of a federal sentence is “tolled” during “any period the person is imprisoned in connection… Read more
Timbs v. Indiana, USSC No. 17-1091, February 20, 2019, reversing State v. Timbs, 84 N.E.3d 1179 (Ind. 2017); Scotusblog page (including links to briefs and commentary) “The question presented: Is the Eighth Amendment’s Excessive Fines Clause an ‘incorporated’ protection applicable to the States under the Fourteenth Amendment’s Due Process Clause?” The answer: Yes. Like the Eighth… Read more
Garza v. Idaho, USSC No. 17-1026, reversing Garza v. State, 405 P.3d 576 (Idaho 2017); Scotusblog page (includes links to briefs and commentary) This case involved two plea agreements that included clauses stating that Garza waived his right to appeal. After sentencing, Garza told his lawyer that he wanted to appeal, but his lawyer refused… Read more
Fortunately, Wisconsin does not have the death penalty. However, On Point readers might find this SCOTUS decision Madison v. Alabama, interesting. The government cannot execute a prisoner who is insane or is so mentally ill that he can’t understand the State’s rationale for executing him. Ford v. Wainwright, 477 U.S. 399 (1986) and Panetti v. Quarterman… Read more
