Category Supreme Court
An important case involving the Cherokee Nation and the Indian Child Welfare Act is being appealed to the United States Supreme Court from South Carolina. Indians tend to fare pretty badly in the Supreme Court, particularly in the last 30-40 years. Hopefully, this time the Justices will instead do the right thing and preserve and […]
In the 2002 case Atkins v. Virginia, the US Supreme Court held that it is unconstitutional to impose the death penalty on the mentally retarded (as opposed to those who are mentally incompetent to stand trial in the first place). In the case of Marvin Wilson, Texas is apparently trying to get around that ruling […]
A short but thought-provoking article examining whether or not our Constitutional right to trial by jury in criminal cases is slowly disappearing.
The US Supreme Court recently ruled that mandatory life sentences for juvenile offenders are unconstitutional. Grits for Breakfast discusses the implications of that ruling on Texas.
Short answer, yes. In case out of Texas, Atwater v. City of Lago Vista, the US Supreme Court upheld the power of the police to arrest you for any offense, even traffic tickets punishable only by a fine (like the seatbelt law). Worse yet, in a more recent case, Florence v. Burlington, the Court held […]
An article from Scott Lemieux about a recent Supreme Court decision that weakens the right of criminal defendants to confront witnesses against them at trial, specifically expert witnesses called by the State. I agree with his conclusion that this creates a fairly easy backdoor way to prevent Defendants from challenging scientific evidence introduced by the […]