by Kent Scheidegger · Jul 1, 2021 8:14 am
The U.S. Supreme Court today held 6-3 that the First Amendment protects nonprofit organizations from blanket requirements to disclose their donors. The case is Americans for Prosperity Foundation v. Bonta, No. 19-251. Continue reading . . .
by Kent Scheidegger · Jun 29, 2021 8:42 am
The U.S. Supreme Court issued three decisions today as it wraps up its October 2020 term. The one marginally crime-related case is Johnson v. Guzman Chavez, No. 19-987. The case involves the detention pending deportation of aliens previously deported who illegally re-enter the United States. Such re-entry is a crime, a more serious one than first-time illegal entry. The holding is that such aliens are subject to the more stringent of two statutes on detention pending deportation, rather than the more lenient one with more leeway for release on bond or conditional parole. Continue reading . . .
by Kent Scheidegger · Jun 28, 2021 8:44 am
The U.S. Supreme Court issued two summary decisions today. In Lombardo v. St. Louis, No. 20-391, the Court sent a case back to the Court of Appeals for the Eighth Circuit, a procedure known as “grant, vacate, and remand” or GVR. The case involves the death in custody of likely suicidal prisoner who was very actively resisting officers’ attempts to subdue him. Ironically, they caused the very result he tried to inflict on himself–death by asphyxiation.
Quoting a 2015 precedent, the unsigned opinion for the majority says that deciding claims such as these “requires careful attention to the facts and circumstances of each particular case.” See the problem here? Continue reading . . .
by Kent Scheidegger · Jun 25, 2021 2:47 pm
As noted in Wednesday’s summary post, the U.S. Supreme Court held that day that the fact that a police officer is in “hot pursuit” of a person believed to have committed a misdemeanor (as opposed to a felony) is not by itself sufficient justification to enter a home with neither consent nor a warrant. The case is Lange v. California, No. 20-18. Continue reading . . .
by Kent Scheidegger · Jun 23, 2021 7:26 am
As expected, the U.S. Supreme Court held today that the fact that a police officer is in “hot pursuit” of a person believed to have committed a misdemeanor (as opposed to a felony) is not by itself sufficient justification to enter a home with neither consent nor a warrant. The case is Lange v. California, No. 20-18. There are some interesting nuances here, which I will have more to say about later.
by Kent Scheidegger · Jun 21, 2021 8:26 am
As the U.S. Supreme Court winds down its October 2020 Term, it decided three civil cases today. They involve securities litigation class actions, antitrust and student athletes, and the Appointments Clause and patent reviews.
No new cases, civil or criminal, were taken up for full review in the next term. Continue reading . . .
by Kent Scheidegger · Jun 18, 2021 4:08 pm
Maxine Bernstein reports for the Oregonian:
Officers who serve on the Portland Police Bureau’s specialized crowd control unit, known as the Rapid Response Team, voted to resign from the team during a meeting Wednesday night.
The unprecedented move by about 50 officers, detectives and sergeants to disband their own team came a day after a team member, Officer Corey Budworth, was indicted, accused of fourth-degree assault stemming from a baton strike against a protester last summer.
The team commander submitted this memorandum to the chief explaining the reasons for the mass resignation. The reasons will not come as any surprise to those who have been paying attention. This is dangerous work. Yet those who are putting their lives on the line for the rest of us are getting the backing and support they should be getting from local leaders. Continue reading . . .
by Kent Scheidegger · Jun 18, 2021 10:38 am
We put the finishing touches on CJLF’s friend-of-the-court brief in the Marathon Bomber case yesterday. Links will be available to the PDF version here and on our main website Monday after it is filed.
As Bill noted Tuesday, the Government followed through with a brief on the merits seeking reinstatement of the death sentence despite the present Administration’s anti-death-penalty stance. It does appear that the political types stepped back and let the pros do their job. They produced a brief up to the high standards of the Solicitor General’s Office–thoroughly researched and well-written. Continue reading . . .
by Kent Scheidegger · Jun 14, 2021 10:53 am
Amy Howe had this post yesterday on the then-remaining U.S. Supreme Court cases for the term. With Greer/Gary and Terry decided today, that leaves Lange v. California, No. 20-18, as the only criminal case left for the term. Continue reading . . .
by Kent Scheidegger · Jun 14, 2021 8:00 am
The Supreme Court decided two cases today dealing with how to address existing cases when the law changes. Greer v. United States, No. 19-8709, addresses the situation where the defense lawyer does not object at trial, because the law seems settled at the time, but the Supreme Court later decides to the contrary. Terry v. United States, No. 20-5904, addresses which inmates convicted prior to the First Step Act can get their sentences for crack cocaine offenses reduced. Continue reading . . .
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