Entries from Harmfulerror tagged with 'US Supreme Court'

US Supreme Court oral arguments

On Tuesday, the Court will hear Harrington v. Richter (whether a state court's denial of an IAC claim warrants deference under AEDPA), Premo v. Moore (IAC claims based upon a plea deal made after counsel failed to suppress an unconstitutionally...

US Supreme Court grants cert. in 14 cases

Via Scotusblog: Title: Kentucky v. King Issue(s): Under what circumstances can lawful police action impermissibly "create" exigent circumstances that preclude warrantless entry? Opinion below (Supreme Court of Kentucky) Petition for certiorari Brief in opposition Petitioner's reply Amicus brief of states...

US Supreme Court hears argument on political campaign spending

Scotusblog summarizes this morning's argument in Citizens United v. Federal Election Commission here.  This is the second argument in the case.  The Court is again in recess until the first Monday in October....

US Supreme Court issues 4 opinions, including search & Crawford decisions

Melendez-Diaz v. Massachusetts - a state forensic analyst's laboratory report prepared for use in a criminal prosecution is "testimonial" evidence and is therefore not admissible, per Crawford v. Washington, absent the opportunity to confront and cross-examine the person who prepared the...

US Supreme Court issues 3 opinions

Coeur Alaska, Inc. v. Southeast Alaska Conservation Council - Something about fill permits, slurry, the EPA and the Corps.  You're on your own for this one.  6-3 decision authored by Justice Kennedy, Justice Ginsburg filed a dissenting opinion which was...

US Supreme Court issues 6 opinions this week - 10 left in term

Yeager v. United States - A jury's acquittal of an Enron executive of securities and wire fraud charges may have erected a double jeopardy bar to his retrial on factually related insider-trading and money-laundering charges on which the jury deadlocked. ...

US Supreme Court issues 5 opinions, 16 to go

Republic of Iraq v. Beaty - in a unanimous decision, authored by Justice Scalia, the Court holds that Americans do not have a right to sue the present government of Iraq for torture and other abuse that took place under...

US Supreme Court issues 5 opinions

I have a dentist appointment this morning, so I won't be able to summarize opinions until this afternoon.  See www.scotusblog.com for information about today's opinions....

Next week (June 1-5)

The US Supreme Court is nearing the end of its term and still has several important decisions to be issued.  I'll be out of town for most of next week and will be unable to post to Harmful Error.  Scotusblog...

US Supreme Court issues 2 opinions in criminal cases

In Dean v. United States, the Court holds, in a 7-2 opinion authored by Chief Justice Roberts, that under 18 USC 924(c)(1)(A)(i), which provides for a firearm enhancement of 5 years for using or carrying a firearm and an enhancement of...

US Supreme Court issues 2 opinions

In FCC v. Fox Television Stations, in a 5-4 decision authored by Justice Scalia, the Court upheld the Federal Government's power to ban on radio and TV of the words "fuck" and "shit."  The majority refers to the words as...

US Supreme Court issues 2 opinions in criminal cases

This morning the US Supreme Court issued an opinion in Harbison v. Bell.  In a 7-2 decision the Court holds that federal habeas corpus counsel may represent a defendant in state clemency proceedings. Yesterday the Court issued an opinion in...

US Supreme Court issues 2 opinions

Yesterday the Court issued an opinion in Knowles v. Mirzayance.  Justice Thomas authored a unanimous opinion as to the result and the finding of no prejudice, and a 6-3 decision on an issue of whether counsel's performance was deficient.  The...

US Supreme Court issues 4 opinions

Vermont v. Brillion - The Vermont Supreme Court held that counsel assigned to represent an indigent client were state actors for the purpose of a speedy trial violation and attributed delays caused by assigned counsel to the State for analysis...

US Supreme Court issues 2 opinions

Negusie v. Holder - An alien who fears persecution in his homeland and seeks refugee status in this court is barred from obtaining that relief if he has persecuted others.  The Board of Immigration Appeals determined that the persecutor bar...

US Supreme Court issues 2 opinions

Pleasant Grove City, Ut v. Summum - 9-0 opinion authored by Justice Alito.  Concurring opinions by Justices Stevens (joined by Justice Ginsburg), Scalia (joined by Justice Thomas), Breyer and Souter.  Government bodies may accept permanent religious monuments in public parks...

US Supreme Court issues 3 opinions

United States v. Hayes - a 7-2 opinion authored by Justice Ginsburg - a 1996 federal law prohibiting possession of guns by a person convicted of a misdemeanor domestic violence applies whenever the victim was in fact the wife or...

US Supreme Court grants cert. in 5 cases

Via Scotusblog: The Supreme Court granted certiorari in five cases today: Salazar (Interior Secretary) v. Buono  : government's appeal testing Congress' power to allow a religious display to remain on public property simply by transferring ownership to a private group or...

US Supreme Court grants cert. on a Nevada case

The United States Supreme Court has granted certiorari to the Ninth Circuit in a federal habeas corpus case concerning a Nevada conviction.  The questions presented in the State's petition are: 1.  What is the standard of review for a federal...

US Supreme Court issues opinions

Apparently there's a lot of consensus at the United States Supreme Court lately, as today's five opinions are all unanimous as to the judgment and there's only one concurring opinion in the group. Van de Camp v. Goldstein - Prosecutors...

US Supreme Court issues 5 opinions

Pearson v. Callahan - qualified immunity for police officers.  Unanimous opinion authored by Justice Alito.  The Court overrules the procedure for determining whether officers are immune from a civil rights action that was established in Saucier v. Katz.  It explains...

US Supreme Court grants cert. in 6 cases

On Friday the United States Supreme Court granted certiorari in six cases, three of which involve criminal law related issues: Bobby v. Bies:  Whether the holding of a state post-conviction hearing to determine the mental capacity of a capital defendant...

US Supreme Court issues opinions in 2 criminal cases

This morning the United States Supreme Court issued opinions in two criminal cases. In Oregon v. Ice, the Court issues a 5-4 decision in which it holds that there is no constitutional violation based upon a judge's imposition of consecutive...

US Supreme Court issues opinions in 2 criminal cases

This morning the United States Supreme Court issued opinions in Chambers v. United States and Jimenez v. Quarterman.  In Chambers, the Court concludes that a state court offense of failure to report for penal confinement was not a "violent felony"...

US Supreme Court grants cert. in 2 cases

The United States Supreme Court granted certiorari in two new cases today.  The Court will hear the cases of al-Marri v. Pucciarelli and Gross v. FBL Financial Services.  al-Marri presents the issue of whether Congress, in passing the Authorization for...

US Supreme Court rules on jury instruction issue

The United States Supreme Court issued one decision today.  In Hedgpeth v. Pulido, the Court issued a per curiam decision, with 3 justices dissenting as to the remand, in which it held that a conviction based on jury instructions containing...

This Week

Monday, December 1 The United States Supreme Court hears argument in Kansas v. Colorado (water rights) and 14 Penn Plaza LLC v. Pyett (wjehther collective bargaining agreements may require mandatory arbitration of civil rights claims). The United States Supreme Court...

US Supreme Court grants cert. in 2 cases

Via Scotusblog, the United States Supreme Court granted certiorari in two new cases today.  Nken v. Mukasey will address the standard for barring deportation pening judicial review of an alien's plea for asylum or other relief from being deported.  In...

US Supreme Court dismisses granted criminal case

Last week the United States Supreme Court heard oral argument in Bell v. Kelly.  Today the Court dismissed the case after finding that cert. had been improvidently granted.  The case concerned the degree of deference that federal habeas coruts must...

US Supreme Court grants cert. in 5 cases

The United States Supreme Court granted certiorari in five cases today: Caperton v. AT Massey Coal Company, Inc:  Whether a judge's failure to recuse himself from a case in which he received substantial campaign donations from one of the parties...

This Week

Monday, November 10 US Supreme Court orders released (no new cert grants were ordered) 10:00 - US Supreme Court oral argument in Chambers v. United States (whether failure to report to prison is a "violent felony" under the Armed Career Criminals...

This Week

Monday, November 3 US Supreme Court hears argument in Wyeth v. Levine (actions under state law for ineffective drug laws), Ysursa v. Pocatello Education Association (1st Amendment and payroll deductions for political contributions), and Carcieri v. Kemprthorne (tribal trust lands)....

US Supreme Court grants cert. in 2 cases

The United States Supreme Court granted certiorari in two cases this morning. In District Attorney's Office v. Osborne, the Court will consider whether a person may file an action under 42 USC 1983 or the Due Process Clause to obtain access...

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