US Supreme Court Center
Tharpe v. Sellers (January 8, 2018)
Supreme Court vacates the Eleventh Circuit's denial of a certificate of appealability in a case where the defendant presented evidence that a juror's racial prejudice affected the juror's vote for the death penalty.
In Re United States (December 20, 2017)
The Court vacated a judgment by the Ninth Circuit upholding a district court order that required the federal government to complete the administrative record filed in a proceeding brought to prevent the repeal of the Deferred Action in Childhood Arrivals (DACA) program.
Hamer v. Neighborhood Housing Services of Chicago (November 8, 2017)
Federal Rule of Appellate Procedure 4(a)(5)(C)’s limitation on extensions of time to file a notice of appeal is a court-made rule and not jurisdictional.
Kernan v. Cuero (November 6, 2017)
California court did not violate "clearly established Federal law as determined by the Supreme Court" in allowing the prosecution to amend a complaint to which the defendant had pleaded guilty, to add criminal history that would increase his minimum sentence, and then allowing the defendant to withdraw his plea.
Dunn v. Madison (November 6, 2017)
Supreme Court precedent has not “clearly established” that a prisoner is incompetent to be executed because of a failure to remember his commission of the crime, as distinct from a failure to rationally comprehend the concepts of crime and punishment as applied in his case.
Latest Supreme Court News
Argument analysis: Concern for death-row inmate’s rights likely to trump line-drawing worries
The Supreme Court heard oral argument today in the case of Robert McCoy, a Louisiana death-row inmate who says that he should get a new trial because his own lawyer told jurors that he was guilty – over McCoy’s express objection. After just over an hour of spirited debate, the justices seemed sympathetic to McCoy’s…
Supreme Court Skeptical of Lawyer’s Conduct in Death Penalty Case
The New York Times,
Justices weighed the case of Robert McCoy, who told his lawyer he was innocent of a triple murder. His lawyer told the jury he was guilty in a bid to avoid the death penalty.
The transcript in Encino Motorcars, LLC v. Navarro is available on the Supreme Court’s website; the transcript in McCoy v. Louisiana is also available. The post Argument transcripts appeared first on SCOTUSblog.
Argument analysis: “Make an all-purpose consolidation, … like marriage” — debating the meaning of consolidation and its effects on finality
This morning’s oral argument in Hall v. Hall addressed two related issues. One is the effect of consolidating separate civil actions and whether they become a single action or retain separate identities. The second is how that affects the timing of and obligation to appeal. The justices pushed counsel for both sides and expressed concerns…
Why Justice Gorsuch May Have Avoided the Word “Privacy” at the Carpenter Oral Argument
Cornell University law professor Sherry F. Colb comments on the recent oral argument in Carpenter v. United States, in which the US Supreme Court will consider whether the Fourth Amendment requires the government to obtain a warrant before demanding that a cell phone service provider reveal location data about a target’s phone for a certain period of time. Colb notes that during oral argument, the Court’s newest justice, Justice Neil Gorsuch, conspicuously avoided using the word “privacy”—a choice that Colb suggests reflects his views on substantive due process and the rights that flow from that constitutional principle, such as abortion and physician assistance in dying.
Revisions to the Rules of the Court
Supreme Court of the United States,
The Supreme Court of the United States has adopted a revised version of the Rules of the Court. The revisions to the Rules are necessary to implement the Court’s electronic filing system. The revised version will take effect on November 13, 2017 when the electronic filing system will begin operation. New Rule 29.7 provides that filers who are represented by counsel must submit documents through the electronic filing system in conformity with “Guidelines for the...
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Chief Justice of the United States