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
44. SCOTUS
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
McKinney v. Arizona, USSC No. 18-1109, certiorari granted 6/10/19; affirmed 2/25/20 Questions presented: 1. Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted 2. Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing… 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
Kansas v. Glover, USSC No. 18-556, certiorari granted 4/1/19 Question presented: Whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary. USSC docket; SCOTUSblog page (including links… Read more
Randall Mathena, Warden v. Lee Boyd Malvo, USSC No. 18-217, certiorari granted 3/18/19 Question presented: Montgomery v. Alabama, 136 S. Ct. 718 (2016)), held that the new constitutional rule announced in Miller v. Alabama, 567 U.S. 460 (2012), applies retroactively to cases on collateral review. Did the the Fourth Circuit Court of Appeals err in… Read more
Kansas v. Garcia, USSC No. 17-834, certiorari granted 3/18/19 Questions presented: 1. Whether the Immigration Reform and Control Act (IRCA) expressly preempts the States from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any… Read more
Kahler v. Kansas, USSC No. 18-6135, certiorari granted 3/18/19 Question presented: Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense? Decision below; USSC docket; Scotusblog page As Scotusblog explains, Kahler was convicted of killing his, wife, kids, and his wife’s grandmother, and he was sentenced to death. His lawyers argued… Read more