US Supreme Court issues two opinions

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In Briscoe v. Virginia, the Court accepted certiorari on issues concerning the Confrontation Clause and expert testimony.  After hearing oral argument, the Court summarily vacated the judgment of the Supreme Court of Virginia and remanded the case for further proceedings not inconsistent with Melendez-Diaz v. Massachusetts

In Hemi Group v. City of New York, the Court addresses a civil RICO action and finds that because the City of New York cannot show that it lost tax revenue "by reason of" an alleged RICO violation (based on failure to provide customer information for internet cigarette purchases), it cannot state a RICO claim.  The plaintiff must show a direct relationship, "but for" causation and proximate causation.

The Court granted certiori in two cases, that were consolidated for oral argument: Abbott v. United States and Gould v. United States.  They present the question of (1) whether the term "any other provision of law" of 18 USC 924(c) includes the underlying drug trafficking offense or crime of violence; and (2) if not, whether it includes another offense for possessing the same firearm in the same transaction.  Scotusblog provides the opinion below, petition for cert. and the response.


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This page contains a single entry by JoNell published on January 25, 2010 8:16 AM.

Several US Supreme Court decisions issued this week was the previous entry in this blog.

Mandatory e-filing begins Feb. 1 is the next entry in this blog.

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