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Criminal Procedure Supreme Court of the United States

Miller Canfield

Junk Science or Relevant Evidence: Supreme Court Says Experts May Now Aid in Determining Criminal Intent

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In criminal cases, oftentimes the most significant element in dispute is whether the defendant harbored the intent to “knowingly” or “willfully” violate the criminal law at issue.  If the defendant denies that he knew what he...more

Benesch

U.S. Supreme Court Allows Prosecutors a Game-Changing Weapon: Broad Expert Testimony on Criminal Intent

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Federal Rule of Evidence 704(b) provides that experts in criminal cases cannot state an opinion about the defendant’s mens rea. That is, the expert must not state an opinion about “whether the defendant did or did not have a...more

Dorsey & Whitney LLP

The Supreme Court Update - January 22, 2024

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Today, the Supreme Court of the United States granted certiorari in one case: Glossip v. Oklahoma, No. 22-7466: This criminal procedure case addresses the obligation of prosecutors to disclose information to the...more

Dorsey & Whitney LLP

The Supreme Court Update - June 23, 2023

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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

Dorsey & Whitney LLP

The Supreme Court Update - June 15, 2023

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The Supreme Court of the United States issued 3 decisions today: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin,No. 22-227: This statutory interpretation and federal Indian law case addressed the...more

Dorsey & Whitney LLP

The Supreme Court Update - April 19, 2023

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Today, the Supreme Court of the United States issued three decisions: MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270: This bankruptcy case involved the interpretation of Bankruptcy Code § 363(m) and its...more

Dorsey & Whitney LLP

The Supreme Court Update - December 13, 2022

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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

Dorsey & Whitney LLP

The Supreme Court - March 28, 2022

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Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869: This case concerns the scope of the Copyright Act’s fair use defense. The case arises from Andy Warhols’ artwork that utilized a photo of music legend...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Supreme Court Bans Retroactive Application Of New Decisions In Criminal Cases

Takeaway: The U.S. Supreme Court announced that new decisions in criminal cases are never to be applied retroactively in cases not on direct review....more

Dorsey & Whitney LLP

The Supreme Court - May 17, 2021

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Today, the Supreme Court of the United States issued the following four decisions: BP p.l.c. v. Mayor and City Council of Baltimore, No. 19-1189: Congress has commanded that generally, an order remanding a case back to...more

Dorsey & Whitney LLP

The Supreme Court - January 11, 2021

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Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: Whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the...more

Farella Braun + Martel LLP

UPDATE: Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Maslenjak v. United States, No. 16-309.

On June 22, 2017 the U.S. Supreme Court decided Maslenjak v. United States, holding that to revoke naturalized citizenship based on a crime committed in the naturalization process, the government must show that the crime had...more

Dorsey & Whitney LLP

The Supreme Court - May 2016 #4

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The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

Tucker Arensberg, P.C.

U.S. Supreme Court Proposes Change to Rules Applicable to Searches of Electronic Data

The United States Supreme Court — which establishes rules of civil and criminal procedure, subject to the objection of Congress — has proposed a significant amendment to the rules applicable to searches of electronic data...more

WilmerHale

In Case You Missed It: Launch Links - April 2016 #4

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Some interesting links we found across the web this week: - House of Representatives approves bill requiring warrants for email searches - It was a productive week on the Hill, as the House passed the Email...more

WilmerHale

Testing The 5th: Compelled Testimony From Foreign Regulators

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The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more

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