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Justices rule in Double Jeopardy case 

Published: May 24, 2012

Tags: Criminal Law, criminal procedure, double jeopardy, Supreme Court

An informal vote taken by jurors before deliberations conclude and later reported to a judge in court does not amount to an acquittal, and therefore a retrial does not violate a defendant’s Double Jeopardy rights, the U.S. Supreme Court has ruled.

Lawyers, lawmakers ponder limits of GPS tracking ruling 

By: Kimberly Atkins
Published: May 22, 2012

Tags: Congress, Criminal Law, electronic monitoring, GPS, Supreme Court, U.S. v. Jones

WASHINGTON – Months after the U.S. Supreme Court ruled that the police’s use of GPS tracking devices on suspects’ cars constitutes a search for Fourth Amendment purposes, law enforcement officials, defense lawyers and lawmakers are trying to define the limits of the ruling.

Justices to decide whether ‘Padilla’ duty is retroactive 

Published: April 30, 2012

Tags: collateral consequences, Criminal Law, immigration, ineffective assistance of counsel, Padilla v. Kentucky, Sixth Amendment, Supreme Court

The U.S. Supreme Court has agreed to decide whether its 2010 ruling in Padilla v. Kentucky, holding that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, applies retroactively.

Supreme Court takes on reliability of eyewitness IDs 

By: Kimberly Atkins
Published: November 2, 2011

Tags: Criminal Law, due process, eyewitness identification, Supreme Court

WASHINGTON – Despite recent studies questioning the reliability of eyewitness testimony in criminal trials, the justices of the U.S. Supreme Court appear reluctant to provide special constitutional protections against such evidence, absent a claim that an identification was made under suggestive circumstances created by the police.

Supreme Court considers strip search constitutionality 

By: Kimberly Atkins
Published: October 12, 2011

Tags: Criminal Law, Fourth Amendment, strip search, Supreme Court

WASHINGTON – During oral arguments that focused on the difficult task of line drawing, the justices of the U.S. Supreme Court tried to determine if the strip search of a county jail inmate, erroneously arrested on a warrant for a minor offense, violated the Fourth Amendment.

Duty to disclose exculpatory evidence may be broadened 

By: Kimberly Atkins
Published: September 23, 2011

Tags: 'Brady' claim, Criminal Law, duty to disclose, ethics, prosecutor

The U.S. Supreme Court is once again poised to consider when post-conviction relief is available for an alleged failure by prosecutors to disclose exculpatory evidence under Brady v. Maryland.

But the American Bar Association is asking the Court to take a step farther and declare that the duty to disclose goes beyond Brady.

Crack sentencing retroactivity vote spurs controversy 

By: Kimberly Atkins
Published: August 2, 2011

Tags: crack cocaine, Criminal Law, mandatory minimum, retroactive sentencing, U.S. Sentencing Commission

The recent vote by the U.S. Sentencing Commission to apply its newly reduced sentencing guidelines for crack offenses retroactively has spurred debate among defense attorneys, prosecutors and law enforcement officials.

Defense lawyers cheer child ‘Miranda’ protection ruling 

By: Kimberly Atkins
Published: June 24, 2011

Tags: Criminal Law, juvenile, Miranda, police questioning, Supreme Court

The U.S. Supreme Court’s ruling that the age of a juvenile is a factor that must be considered in determining whether the child is “in custody” for Miranda purposes is common-sense protection against coercive interrogation techniques, defense attorneys and juvenile advocates say.

MIRANDA WARNING 

Published: June 16, 2011

Tags: Criminal Law, juvenile, Miranda, police questioning, Supreme Court

The age of a juvenile is a factor that must be considered in determining whether the child is “in custody” for Miranda purposes.

See “Justices: Age factor in Miranda analysis”

U.S. Supreme Court. J.D.B. v. North Carolina, No. 09-11121. June 16, 2011. Lawyers USA No. 993-3009.

Justices: Age must factor in to ‘Miranda rights’ analysis 

Published: June 16, 2011

Tags: Criminal Law, juvenile, Miranda, police questioning, Supreme Court

The age of a juvenile is a factor that must be considered in determining whether the child is “in custody” for Miranda purposes, the U.S. Supreme Court has ruled.