Voice for the Defense Volume 46, No. 2 Edition
Editor: Michael Mowla
From author Michael Mowla:
1. I summarize each case in a manner that allows readers to generally use this SDR instead of reading every case. However, if you determine that a summarized case may be relevant to one of your cases, I urge you to read the case and not rely solely upon these summaries.
2. Facts, further analysis and depth is provided in the electronic version of the SDR.
Voice for the Defense Volume 45, No. 9 Edition
Johnson v. United States, 135 S. Ct. 2551 (2015), which held that the residual clause of the Armed Career Criminal Act was void for vagueness, was a substantive decision that applied retroactively to D’s case. Welch v. United States, 136 S. Ct. 1257 (2016).
Voice for the Defense Volume 45, No. 8 Edition
SORNA did not require D, a registered sex offender, to update his registration in Kansas once he left the state and moved to the Philippines. Nichols v. United States, 136 S. Ct. 1113 (2016).
Voice for the Defense Volume 45, No. 4 Edition
Supreme Court capital-sentencing case law did not require a court to instruct the jury that mitigating circumstances need not be proved beyond a reasonable doubt; nor was such an instruction constitutionally necessary in these cases to avoid confusion. Kansas v. Carr, 136 S. Ct. 633 (2016).
Voice for the Defense Volume 45, No. 3 Edition
Florida’s death-sentencing scheme, which did not require a jury to determine whether a capital defendant was mentally retarded or unanimously sentence a defendant to death, violated the Sixth Amendment’s jury trial guarantee. Hurst v. Florida, 136 S. Ct. 616 (2016).
Voice for the Defense Volume 45, No. 2 Edition
The judge in D’s murder trial did not violate U.S. Const. amend. VI by dismissing a juror who provided equivocal answers when asked if he could impose the death penalty if D was convicted. White v. Wheeler, 136 S. Ct. 456 (2015).
Voice for the Defense Volume 45, No. 1 Edition
Petitioners failed to establish a likelihood of success on their claim that using midazolam for execution violates U.S. Const. amend. VIII. Glossip v. Gross, 135 S. Ct. 2726 (2015).
Voice for the Defense Volume 44, No. 8 Edition
A court of appeals has jurisdiction to review the Board of Immigration Appeals rejection of a non-citizen’s motion to reopen, even when the Board rejects the motion as untimely or it rejects a motion requesting equitable tolling of the time limit. Reyes Mata v. Lynch, 135 S. Ct. 2150 (2015).
Voice for the Defense Volume 44, No. 7 Edition
D’s Kansas conviction for concealing unnamed pills in his sock did not trigger removal under 8 U.S.C. § 1227(a)(2)(B)(i). Mellouli v. Lynch, 135 S. Ct. 1980 (2015), stay granted, No. 15A137 (U.S. Aug 21, 2015).
Voice for the Defense Volume 44, No. 6 Edition
When a court was satisfied that a felon would not retain control over his guns, 18 U.S.C.S. § 922(g) did not apply, and the court had equitable power to accommodate a felon’s request to transfer firearms to a third party. Henderson v. United States, 135 S. Ct. 1780 (2015).
Voice for the Defense Volume 44, No. 3 Edition
The Fifth Circuit erred in holding that a federal habeas petitioner who prevailed in district court must file a separate certificate of appealability to respond to the State’s appeal. Jennings v. Stephens, 135 S. Ct. 793 (2015).