SDR

Thursday, March 9th, 2017

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.

Thursday, January 26th, 2017

Voice for the Defense Volume 46, No. 1 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

The Sixth Amendment speedy trial guarantee did not apply to the 14-month delay between D’s conviction and sentencing. Betterman v. Montana, 136 S. Ct. 1609 (2016).

Tuesday, December 6th, 2016

Voice for the Defense Volume 45, No. 10 Edition

Editors: Tim Crooks, Kathleen Nacozy

Saturday, November 5th, 2016

Voice for the Defense Volume 45, No. 9 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Friday, October 7th, 2016

Voice for the Defense Volume 45, No. 8 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Friday, September 2nd, 2016

Voice for the Defense Volume 45, No. 7 Edition

Editors: Tim Crooks, Kathleen Nacozy

Friday, July 22nd, 2016

Voice for the Defense Volume 45, No. 6 Edition

Editors: Tim Crooks, Kathleen Nacozy

Saturday, June 11th, 2016

Voice for the Defense Volume 45, No. 5 Edition

Editors: Tim Crooks, Kathleen Nacozy

Thursday, May 5th, 2016

Voice for the Defense Volume 45, No. 4 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Saturday, April 9th, 2016

Voice for the Defense Volume 45, No. 3 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Saturday, March 12th, 2016

Voice for the Defense Volume 45, No. 2 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Tuesday, February 16th, 2016

Voice for the Defense Volume 45, No. 1 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Wednesday, January 6th, 2016

Voice for the Defense Volume 44, No. 10 Edition

Editors: Tim Crooks, Kathleen Nacozy

Saturday, November 21st, 2015

Voice for the Defense Volume 44, No. 9 Edition

Editors: Tim Crooks, Kathleen Nacozy

Saturday, October 10th, 2015

Voice for the Defense Volume 44, No. 8 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Wednesday, September 16th, 2015

Voice for the Defense Volume 44, No. 7 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Thursday, August 13th, 2015

Voice for the Defense Volume 44, No. 6 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Thursday, July 9th, 2015

Voice for the Defense Volume 44, No. 5 Edition

Editors: Tim Crooks, Kathleen Nacozy

Thursday, May 21st, 2015

Voice for the Defense Volume 44, No. 4 Edition

Editors: Tim Crooks, Kathleen Nacozy

Sunday, April 12th, 2015

Voice for the Defense Volume 44, No. 3 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

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