United States v. Anthony James Kebodeaux, USSC No. 12-418, 6/24/13 United States Supreme Court decision, reversing U.S. v. Kebodeaux, 687 F.3d 232 (5th Cir. 2012) The Court holds that the federal Sex Offender Registration and Notification Act (SORNA) applies to a person despite the fact he was convicted (at a court martial), and completed service of… Read more
44. SCOTUS
Matthew Robert Descamps v. United States, USSC No. 11-9540, 6/20/13 United States Supreme Court decision, reversing United States v. Descamps, No. 08-30013 (9th Cir. Jan. 10, 2012) (unpublished) The Armed Career Criminal Act (ACCA or Act), 18 U. S. C. §924(e), increases the sentences of certain federal defendants who have three prior convictions “for a… Read more
Genovevo Salinas v. Texas, USSC No. 12-246, 6/17/13 United States Supreme Court decision, affirming Salinas v. State, 369 S.W.2d 176 (Tex. Crim. App. 2012) Consistent with the rule applied to a defendant’s silence after being informed of his Miranda rights, the Supreme Court holds that a suspect who is being questioned before he was arrested… Read more
Allen Ryan Alleyne v. United States, USSC No. 11-9335, 6/17/13 United States Supreme Court decision, vacating and remanding United States v. Alleyne, No. 11-4208 (4th Cir. Dec. 15, 2011) Since Apprendi v. New Jersey, 530 U.S. 466 (2000), a defendant has had the right to demand the jury find beyond a reasonable doubt any fact… Read more
United States. v. Anthony Davila, USSC No. 12-167, 6/13/13 United States Supreme Court decision, reversing United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (per curiam) Rule 11(c)(1) of the Federal Rules of Criminal Procedure provides that parties may discuss and reach a plea agreement, but that the court “must not participate in these discussions.” In… Read more
Marvin Peugh v. United States, USSC No. 12-62, 6/10/13 United States Supreme Court decision, reversing United States v. Peugh, 675 F.3d 736 (7th Cir. 2012) Resolving a split between federal circuit courts, the Supreme Court holds that a sentencing court violates the Ex Post Facto Clause by using the U.S. Sentencing Guidelines in effect at the… Read more
Maryland v. King, USSC No. 12-207, 6/3/13 United States Supreme Court decision, reversing King v. State, 425 Md. 550, 42 A.3d 549 (2012) In a decision validating the collection of DNA from at least some persons before they are even convicted of a crime, a divided Supreme Court has concluded that when officers make an arrest supported… Read more
McQuiggin v. Floyd Perkins, USSC No. 12-126, 5/28/13 United States Supreme Court decision, vacating and remanding Perkins v. McQuiggin, 670 F.3d 665 (6th Cir. 2012) In Schlup v. Delo, 513 U. S. 298 (1995), and House v. Bell, 547 U. S. 518 (2006), the Court held that a convincing showing of “actual innocence” enabled habeas… Read more
