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B. Opinions

The Texas court had applied what’s been called “the Lennie standard”; today the high Court holds that this test disregards current medical standards and is thus invalid. For more, see our post on the cert grant… Read more

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Elijah Manuel v. City of Joliet, Illinois, USSC No. 14-9496, 2017WL1050976 (March 21, 2017), reversing and remanding Manuel v. Illinois, 590 FedAppx. 641 (7th Cir. 2015)(unpublished); SCOTUSblog page (including links to briefs and commentary) This decision is noteworthy for two reasons. First, it’s a reminder that when something goes very wrong in your client’s case… Read more

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Miguel Angel Peña-Rodriguez v. Colorado, USSC No. 15-606, 2017 WL 855760 (March 6, 2017), reversing Peña-Rodriguez v. People, 350 P.3d 287 (Colo. 2015); Scotusblog page Every state and federal jurisdiction has some version of the “no-impeachment rule,” which, after a verdict is received, bars an aggrieved party from presenting testimony by jurors regarding the jury’s… Read more

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Travis Beckless v. United States, USSC No. 15-8544, 2017 WL 855781 (March 6, 2017), affirming Beckles v. United States, 616 Fed. Appx. 415 (11th Cir. 2015) (unpublished); Scotusblog page (including links to briefs and commentary) The Supreme Court holds that provisions in the federal advisory sentencing guidelines are not subject to vagueness challenges under the Due Process… Read more

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SCOTUS reaffirms objective bias standard

Michael Damon Rippo v. Renee Baker, Warden, USSC No. 16-6316, 2017 WL 855913 (March 6, 2017) (per curiam), reversing and remanding Rippo v. State, 368 P.3d 729 (Nev. 2016); Scotusblog page In this per curiam decision, the Supreme Court holds the lower court erred in demanding a defendant show actual bias to satisfy his claim that… Read more

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Buck v. Davis, USSC No. 15-8049, 2017 WL 685534 (February 22, 2017), reversing and remanding Buck v. Stephens, 623 Fed. Appx. 668 (5th Cir. 2015) (unpublished); Scotusblog page (including links to briefs and commentary) Buck was found guilty of capital murder. Under state law, the jury could impose a death sentence only if it found Buck was… Read more

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Lawrence Shaw v. United States, USSC No. 15-5991, 2016 WL 7182235 (December 12, 2016), vacating and remanding United States v. Shaw, 781 F.3d 1130 (9th Cir. 2015); Scotusblog page (including links to briefs and commentary) A unanimous Supreme Court holds that to be found guilty of bank fraud under 18 U.S.C. § 1344(1), which prohibits “knowingly execut[ing] a scheme …… Read more

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Voisine v. United States, USSC No. 14-10154, 2016 WL 3461559, 579 U.S. ___ (June 27, 2016), affirming United States v. Voisine, 778 F.3d 176 (1st Cir. 2015); Scotusblog page (includes links to briefs and commentary) Federal law prohibits any person convicted of a “misdemeanor crime of domestic violence” from possessing a firearm. 18 U.S.C. § 922(g)(9)… Read more

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