Counterman v. Colorado, USSC No. 22-183, 6/27/2023; Scotusblog page (with links to briefs and commentary) In a case with possible implications for Wisconsin law, SCOTUS holds that in a criminal prosecution involving “true threats,” the State must prove the person “consciously disregarded a substantial risk that his communications would be viewed as threatening violence.” Counterman… Read more
44. SCOTUS
Pugin v. Garland, USSC Nos. 22-23 & 22-331, 2023 WL 4110232 (June 22, 2023), affirming Pugin v. Garland, 19 F.4th 437 (4th Cir. 2021) and reversing Garland v. Cordero-Garcia, 44 F.4th 1181 (9th Cir. 2022); Scotusblog page (including links to briefs and commentary Noncitizens convicted of an “aggravated felony” may be deported from the United States… Read more
Smith v. United States, USSC No. 21-1576, 2023 WL 4002949 (June 15, 2023), affirming United States v. Smith, 22 F. 4th 1236 (11th Cir. 2022); Scotusblog page (including links to briefs and commentary). A unanimous Supreme Court holds that the Constitution does not bar retrial of a defendant whose conviction is reversed because the prosecution… Read more
Lora v. United States, USSC No. 22-49, 2023 WL 4034313 (June 16, 2023), vacating and remanding United States v. Lora, unreported summary order (2d Cir. Feb. 15, 2022); Scotusblog page (including links to briefs and commentary) Resolving a circuit split, a unanimous Supreme Court engages in a plain-language reading of a statute requiring a judge… Read more
Dubin v. United States, USSC No. 22-10, 2023 WL 3872518 (June 8, 2023), vacating and remanding United States v. Dubin, 27 F.4th 1021 (5th Cir. 2022); Scotusblog page (including links to briefs and commentary) Faced with competing interpretations of a penalty enhancement statute, the Supreme Court adopts the narrower interpretation based on both a careful… Read more
Counterman v. Colorado, USSC No. 22-138; cert. granted 1/13/23; reversed 6/27/23 Scotusblog page (containing links to briefs and commentary) Question presented: Whether, to establish that a statement is a “true threat” unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether… Read more
Adam Samia v. United States, USSC No 22-196 ; cert. granted 12/13/22; Scotusblog page (containing links to briefs and commentary) Question presented: Whether admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates the defendant’s rights under the Confrontation Clause of the Sixth Amendment. Samia and 2 co-defendants… Read more
New York State Rifle & Pistol Association Inc. v. Bruen, USSC No. 20-843, 6/23/22 reversing N.Y. State Rifle & Pistol Ass’n v. Beach (2nd Cir. unpublished); Scotusblog page (including briefs and commentary) You can read tons of analysis of, and commentary on, of this precedent-demolishing (and establishing) case at Scotusblog (and many, many other places)… Read more
