Clik here to view.
Why Liberal Justices Agree that “Reverse Batson” Error Doesn’t Violate Due...
In a unanimous decision this morning, the Supreme Court ruled that “there is no freestanding constitutional right to peremptory challenges,” during jury selection in criminal trials. So even if a...
View ArticleClik here to view.
Suppressed Jailhouse Confessions Allowed for Impeachment
The Supreme Court ruled this morning that a confession obtained in violation of the 6th Amendment right to counsel is still admissible on cross-examination to impeach a defendant who testified that...
View ArticleClik here to view.
Defense Wins by Losing: Supreme Court Overrules Michigan v. Jackson
In a perhaps not-all-that-important decision this morning, the Supreme Court overruled a landmark case involving the Sixth Amendment right to counsel. Although it seems like a big deal, today’s...
View ArticleClik here to view.
Lab Report’s Not Enough — Chemist Must Testify
The Supreme Court this morning ruled that it’s a violation of the Sixth Amendment’s Confrontation Clause for the prosecution in a drug case to simply admit a sworn lab report, without the chemist’s...
View ArticleClik here to view.
Supreme Court Smackdown
“Why is this case here, except as an opportunity to upset Melendez-Diaz?” So wondered Justice Scalia during oral argument a couple weeks back in the case of Briscoe v. Virginia. For some background,...
View ArticleClik here to view.
On Deportation and Duty
Yesterday, the Supreme Court ruled that defense lawyers must advise their immigrant clients that, if they plead guilty, they could get deported. (Read the opinion here, and you can read more about the...
View ArticleWhen Is It Unfair to Get a Fair Trial?
“You are saying it was unfair to have a fair trial?” That was a fair question put by Justice Kennedy at oral argument today. The issue is whether a criminal defendant can be deprived of the effective...
View Article
