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Court takes up ex post facto sentencing case
The U.S. Supreme Court will decide whether a sentence imposed according to the U.S. Sentencing Guidelines in place at the time of sentencing, which is harsher than the sentence that would be imposed...
View ArticleCRIMINAL LAW
A criminal defendant bears the burden of establishing the defense that he withdrew from a drug distribution conspiracy outside the statute of limitations. See “Drug defendant must show withdrawal from...
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Supreme Court takes up sentencing factors case
WASHINGTON – In a case that raises the question of whether judges, rather than juries, can constitutionally decide factors that could trigger an increase in the minimum sentence, the justices of the...
View ArticleSupreme Court again takes up case of poisoned paramour
A year after ruling that a woman charged under an international treaty for the allegedly poisoning of her husband’s paramour had standing to challenge the application of the law, the U.S. Supreme Court...
View ArticleCan state retroactively abolish defense?
Was a state court’s retroactive application of a rule abolishing the diminished-capacity defense so unexpected that it violated a defendant’s due process rights? The U.S. Supreme Court has taken up the...
View ArticleCRIMINAL LAW
Could a state trial court retroactively apply a ruling from its supreme court that abolished the diminished-capacity defense? See “Can state retroactively abolish diminished-capacity defense?”...
View ArticleDouble jeopardy ruling a blow to prosecutors
WASHINGTON – The U.S. Supreme Court’s ruling last week that a defendant cannot be retried, even when his acquittal was based on a judge’s blunder, was cheered by defense attorneys. But others say that...
View ArticleSupreme Court passes on Alabama immigration case
WASHINGTON – The U.S. Supreme Court has refused to review a federal appeals court ruling striking down portions of Alabama’s immigration law, one of the most restrictive in the nation. In a one-line...
View ArticleJustices take aiding and abetting gun case
WASHINGTON – The U.S. Supreme Court has agreed to decide just what elements are necessary to prove aiding and abetting liability for one of the most common federal crimes: the use or possession of a...
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For right to remain silent, no bright line
WASHINGTON – The U.S. Supreme Court’s splintered ruling allowing a witness’ pre-arrest silence to be introduced at trial — its latest decision carving out more of the contours of defendants’ well-known...
View ArticlePolice settle suit claiming racially motivated stop
The Maryland Board of Public Works has approved a $55,000 settlement with a Philadelphia man who claimed state troopers stopped him three times in two months because he is black and then pursued...
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