News & Analysis as of

Sixth Amendment Supreme Court of the United States Criminal Prosecution

Dorsey & Whitney LLP

The Supreme Court Update - April 7, 2025

Dorsey & Whitney LLP on

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

Patterson Belknap Webb & Tyler LLP

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

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

Dorsey & Whitney LLP

The Supreme Court Update - December 13, 2022

Dorsey & Whitney LLP on

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

Kohrman Jackson & Krantz LLP

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

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

Zuckerman Spaeder LLP

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

Zuckerman Spaeder LLP on

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

Cozen O'Connor

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

Cozen O'Connor on

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

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

Dorsey & Whitney LLP

The Supreme Court - April 20, 2020

Dorsey & Whitney LLP on

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

Dorsey & Whitney LLP

The Supreme Court - March, 2017

Dorsey & Whitney LLP on

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

Proskauer - Corporate Defense and Disputes

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

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

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

McGuireWoods LLP

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

McGuireWoods LLP on

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

Dorsey & Whitney LLP

Supreme Court: Government Cannot Restrain Untainted Assets

Dorsey & Whitney LLP on

Since the Supreme Court handed down its decisions in U.S. v. Monsanto, 491 U.S. 600 (1989) and Caplin & Drysdale, Chartered v U.S., 491 U.S. 617 (1989) is has been well established that a defendant’s Sixth Amendment right to...more

Dorsey & Whitney LLP

The Supreme Court - March 2016 #6

Dorsey & Whitney LLP on

The Supreme Court of the United States issued one decision on March 30, 2016: - Luis v. United States, No. 14-419: Petitioner Sila Luis was charged with various health care related crimes. Pursuant to a federal...more

Bracewell LLP

Supreme Court Rules Against Freezing "Untainted" Assets

Bracewell LLP on

In a ruling that could have far-reaching implications for criminal defendants’ right to counsel of their choice, the Supreme Court decided on March 30, 2016 that the government cannot freeze “untainted” assets that are not...more

Franczek P.C.

Supreme Court Ruling Avoids Major Complications for Mandatory Reporters

Franczek P.C. on

Last week, the United States Supreme Court overturned a controversial decision by the Ohio Supreme Court holding that statements given by a preschool student to his teacher were tantamount to statements to police, and so...more

Proskauer Rose LLP

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of...

Proskauer Rose LLP on

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide