SCOTUS Update: Foster v. Humphrey

by & filed under Case Law, U.S. Supreme Court.

  Foster v. Humphrey U.S. Supreme Court Decision Last year, I wrote about United States Supreme Court agreeing to hear argument in the case of Foster v. Humphrey. This case is out of the state of Georgia and involves an African American man that was convicted of murder by an all-white jury. Timothy Tyrone Foster was… Read more »

New ‘violent felony’ ruling from SCOTUS may provide sentence relief

by & filed under Case Law, Federal Crimes, U.S. Supreme Court.

  Welch vs. United States: Supreme Court Holds that Johnson vs. United States is Retroactive A recent U.S. Supreme Court ruling may make it possible for some convicted felons who were later sent to prison for possessing a firearm to obtain relief from their sentences. The issues surrounding the Court’s new attitude toward firearm-possession rules… Read more »

SCOTUS Update: Los Angeles v. Patel

by & filed under Case Law, Search and Seizure, The Constitution, U.S. Supreme Court.

  Supreme Court strikes down Los Angeles law allowing police to examine hotel registries without a warrant Last year I blogged about Los Angeles vs. Patel. In June of this year, the U.S. Supreme Court handed down their decision.   The hoteliers took victory in the privacy-rights arena when the U.S. Supreme Court essentially struck… Read more »

Montgomery vs. Louisiana – U.S. Supreme Court Hears Arguments

by & filed under Sentencing, U.S. Supreme Court.

  Montgomery v. Louisiana: Retroactive Application of Miller v. Alabama Last month, the U.S. Supreme Court debated whether a 2012 decision (Miller v. Alabama) – which struck down state laws imposing a mandatory and automatic life sentence without parole on juvenile convicted of homicide – should apply retroactively. At the time, the decision was meant… Read more »

SCOTUS Update: Glossip v. Gross

by & filed under Case Law, U.S. Supreme Court.

  Supreme Court Rules Executions Performed With Controversial Drugs Not Unconstitutional Another day, another 5-4 split on the U.S. Supreme Court along ideological lines. I’m referring to the recent high-court decision in which held that executions carried out by a controversial three-drug protocol did not constitute “cruel and unusual punishment” under the Constitution’s Eighth Amendment. Lead… Read more »

Are Strip Searches in Jails Legal?

by & filed under Case Law, Search and Seizure, U.S. Supreme Court.

  Florence vs. County of Burlington: United States Supreme Court Rules Strip Searches in Jails are always Legal Recently, I had a client who was charged with with simple possession of marijuana. He was actually arrested for an outstanding traffic ticket attachment when the deputies allegedly found a joint on him after a strip search…. Read more »

Foster v. Humphrey: Supreme Court to hear issue of excluding black jurors at trial

by & filed under Case Law, Jury, U.S. Supreme Court.

  Court Agrees to Hear Matter Pertaining to Exclusion of Black Jurors in Georgia Murder Trial – Foster v. Humphrey The famous U.S. Supreme Court case of Batson v. Kentucky in 1986 ruled that prosecutors could not use peremptory challenges (the dismissal of jurors without having to state a valid cause) during a criminal trial… Read more »

SCOTUS Update: Restitution in Child Pornography Cases Must Be Limited

by & filed under Case Law, Child Pornography Defense, Sex Crimes, U.S. Supreme Court.

  Supreme Court ruling Outlines Limits on Child Pornography Restitution Should those who download child porn pay the victims?   A while back, I wrote a couple blogs about the legal battle concerning restitution between people who have pleaded guilty to possession of child pornography and the victims in the photographs. See here and here…. Read more »