News & Analysis as of September 20, 2024

Supreme Court of the United States › Sixth Amendment

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

The Supreme Court Update - June 21, 2024

Dorsey & Whitney LLP on 6/24/2024

The Supreme Court of the United States issued five decisions today: United States v. Rahimi, No. 22-915: This Second Amendment case addresses the constitutionality of 18 U.S.C. § 922(g)(8), which makes it a crime for an...more

The Supreme Court Update - May 30, 2024

Dorsey & Whitney LLP on 5/31/2024

The Supreme Court of the United States issued three decisions today: Cantero v. Bank of America, N.A., No. 22-529: This case addresses the standard for determining when state laws that regulate national banks are...more

Joint Committee on Taxation Cautions Less Is Moore

Cadwalader, Wickersham & Taft LLP on 11/28/2023

Earlier in the summer, the Supreme Court announced a new case on its docket for the upcoming term, Moore v. United States, which we discussed here. The case has been set for argument on December 5....more

Over Dissent, Circuit Embraces Strict “Collateral/Direct” Distinction for Ineffective Assistance of Counsel Claims

Patterson Belknap Webb & Tyler LLP on 8/21/2023

In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that attorneys must advise their noncitizen clients of the risk of deportation arising from criminal conviction, and that the failure to do so violates the...more

The Supreme Court Update - June 23, 2023

Dorsey & Whitney LLP on 6/26/2023

The Supreme Court of the United States issued four decisions today: United States v. Texas, No. 22-58: This administrative law and separation of powers case addressed the ability of states to sue the executive branch...more

The Supreme Court Update - December 13, 2022

Dorsey & Whitney LLP on 12/14/2022

Today, the Supreme Court of the United States granted certiorari in three cases: Slack Technologies, LLC v. Pirani, No. 22-200: This case presents an issue of federal securities law. After the messaging software company,...more

Supreme Court Limits Remedy for Violation of Fifth and Sixth Amendment Rights

Kohrman Jackson & Krantz LLP on 6/24/2022

When the police, acting under the color of law, deprive a person of their civil or constitutional rights, the person generally has two remedies. First, if they are the victim of an unconstitutional search or seizure, a forced...more

The U.S. Supreme Court Rejects Bronx DA’s Attempted End-Run Around Confrontation Clause

Zuckerman Spaeder LLP on 3/2/2022

In Hemphill v. New York, the U.S. Supreme Court held that the defendant “did not forfeit his confrontation right merely by making [a] plea allocution arguably relevant to his theory of defense.” The Court rejected the attempt...more

Supreme Court Sides with ERISA Participants in Fiduciary Suit, Rejects “Opening the Door” Exception to Sixth Amendment’s...

Epstein Becker & Green on 1/25/2022

The pension trustees of Northwestern University, and those elsewhere, will need to take close note of the Court’s unanimous decision (Barrett, J., not participating) in Hughes v. Northwestern University in which the Court...more

The Supreme Court - January 20, 2022

Dorsey & Whitney LLP on 1/21/2022

Hemphill v. New York, Nos. 20-637: In this case, Darrell Hemphill successfully challenged his conviction for the murder of a 2-year-old child killed by a stray bullet in 2006, arguing that the State's presentation of the...more

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Winter 2022

Cozen O'Connor on 1/13/2022

Defendants Cannot Move for Compassionate Release Based Solely on Post-Sentencing Cooperation- United States v. Claude (October 27, 2021), No. 20-3563- BACKGROUND- Defendant sought compassionate release to reduce his...more

SCOTUS Rules That Sixth Amendment Requires Unanimous Jury Verdicts For Criminal Convictions In Federal And State Courts

Vinson & Elkins LLP on 4/23/2020

On April 20, 2020, the Supreme Court issued an opinion in Ramos v. Louisiana, ruling that the Sixth Amendment of the U.S. Constitution requires unanimous jury verdicts for a conviction in a criminal case. In a split decision,...more

The Supreme Court - April 20, 2020

Dorsey & Whitney LLP on 4/21/2020

Today, the Supreme Court of the United States issued the following three opinions: Thryv, Inc. v. Click-To-Call Technologies, LP, No. 18-916: Patent challengers are able to ask the U.S. Patent and Trademark Office (“PTO”)...more

The Supreme Court - March 18, 2019

Dorsey & Whitney LLP on 3/19/2019

Today, the Supreme Court granted certiorari in four cases: Ramos v. Louisiana, No. 18-5924: Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict....more

2017-18 Supreme Court Update

Skadden, Arps, Slate, Meagher & Flom LLP on 1/29/2018

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

SCOTUS Carves Out an Exception to the No-Impeachment Rule

Clark Hill PLC on 11/30/2017

On March 6, 2017, Pena-Rodriguez v. Colorado opened the curtain on jury deliberations for the purpose of correcting racial and ethnic bias that might have infected a jury's verdict. In Pena-Rodriguez, the United States...more

The Supreme Court - March, 2017

Dorsey & Whitney LLP on 3/7/2017

The Supreme Court of the United States issued decisions in three cases yesterday: Rippo v. Baker, No. 16-6316: Petitioner Michael Damon Rippo moved to disqualify the Nevada state judge who presided over his criminal...more

2016 Year in Review: Forfeiture

Ballard Spahr LLP on 2/7/2017

The field of forfeiture saw significant action in 2016. The IRS offered to return forfeited funds used in structuring, but Congress still may clip its ability to forfeit such funds. Meanwhile, DOJ renewed a controversial...more

The Supreme Court - June 2016 #3

Dorsey & Whitney LLP on 6/14/2016

The Supreme Court of the United States issued decisions in three cases on June 13, 2016: - Puerto Rico v. Franklin Cal. Tax-Free Trust, No. 15-233: Under the Federal Bankruptcy Code, state bankruptcy laws that enable...more

The Supreme Court - May 2016 #3

Dorsey & Whitney LLP on 5/20/2016

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

Is Evidence of Juror Bias in Deliberations Admissible? Supreme Court to Decide

Proskauer - Minding Your Business on 4/21/2016

What happens in the jury room, stays in the jury room. Except when it doesn’t. Earlier this month, the Supreme Court agreed to hear the appeal of a Colorado man whose counsel learned, after the guilty verdict was rendered,...more

Supreme Court Clarifies That Untainted Assets Cannot Be Frozen Pre-Trial By The Government

Proskauer - Corporate Defense and Disputes on 4/7/2016

Last week the Supreme Court further clarified the procedures and limits regarding the government’s ability to freeze assets in connection with criminal prosecutions. Following the 2014 decision in Kaley v. United States,...more

Supreme Court Holds Sixth Amendment Right to Counsel Limits Pre-Trial Asset Freezing

Dorsey & Whitney LLP on 4/7/2016

Last week the Supreme Court in Luis v. United States, No. 14-419, 578 U.S. __ (2016) limited the government’s reach to freeze a criminal defendant’s assets before trial or other judicial proceedings. Justice Breyer, writing...more

The Supreme Court - April 2016

Dorsey & Whitney LLP on 4/7/2016

The Supreme Court of the United States issued decisions in two cases on April 4, 2016: - Evenwel v. Abbott, No. 14-940: In this legislative redistricting case, certain voters brought a challenge to the redistricting in...more

You Can Pay Your Lawyer: Supreme Court Recognizes Limits on Pretrial Asset Restraints

McGuireWoods LLP on 4/6/2016

Before the U.S. Supreme Court’s ruling last week in Luis v. United States, the government could freeze a criminal defendant’s assets before trial even if they bore no connection to the alleged crimes. With the ruling, if the...more

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Supreme Court of the United States › Sixth Amendment

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