Law School Toolbox Podcast Episode 330: Listen and Learn -- The Sixth Amendment
Law School Toolbox Podcast Episode 323: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)
Bar Exam Toolbox Podcast Episode 157: Listen and Learn -- The Sixth Amendment
Bar Exam Toolbox Podcast Episode 154: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)
Law School Toolbox Podcast Episode 301: Listen and Learn -- The Confrontation Clause
Bar Exam Toolbox Podcast Episode 137: Listen and Learn -- The Confrontation Clause
Today, the Supreme Court of the United States granted certiorari in two cases: Ellingburg v. United States, No. 23-3129: This case addresses the Ex Post Facto Clause of the U.S. Constitution, which the government...more
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 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
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
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 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
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
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
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
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
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
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
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
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
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
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
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 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
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 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 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
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
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
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 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