SDR

Saturday, July 20th, 2013

Voice for the Defense Volume 42, No. 5 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Padilla v. Kentucky, 559 U.S. 356 (2010), requiring defense attorneys to inform defendants of the deportation risks of guilty pleas, does not apply retroactively to convictions that became final before its announcement. Chaidez v. United States, 133 S. Ct. 1103 (2013).

Thursday, June 6th, 2013

Voice for the Defense Volume 42, No. 4 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

The categorical authority to detain incident to the execution of a search warrant should be limited to the immediate vicinity of the premises to be searched. Bailey v. United States, 133 S. Ct. 1031 (2013).

Wednesday, May 8th, 2013

Voice for the Defense Volume 42, No. 3 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Establishing the defense of withdrawal from a conspiracy is a burden that rests firmly on the defendant even if the withdrawal took place after the statute-of-limitations period. Smith v. United States, No. 133 S. Ct. 714 (2013).

Wednesday, April 3rd, 2013

Voice for the Defense Volume 42, No. 2 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Neither a statutory nor a constitutional right of competency to stand trial exists in federal habeas corpus proceedings. Ryan v. Gonzales, 133 S. Ct. 696 (2013).

Tuesday, February 12th, 2013

Voice for the Defense Volume 42, No. 1 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Fifth Circuit

Reviewing Texas capital-murder conviction and death sentence, the federal courts were limited to the factual record that was before the state habeas court. Clark v. Thaler, 673 F.3d 410 (5th Cir. 2012).

Friday, December 28th, 2012

Voice for the Defense Volume 41, No. 10 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Fifth Circuit

The Supreme Court delegated to the states the responsibility of developing appropriate ways to enforce the constitutional restriction against executing mentally retarded defendants. Hearn v. Thaler, 669 F.3d 265 (5th Cir. 2012).

Tuesday, November 20th, 2012

Voice for the Defense Volume 41, No. 9 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Fifth Circuit

Thursday, October 25th, 2012

Voice for the Defense Volume 41, No. 8 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

The Fair Sentencing Act applied to defendants who committed the crimes before the effective date but were sentenced after, including individuals who were sentenced during the interim sentencing period of the FSA. Dorsey v. United States, 132 S. Ct. 2321 (2012).

Wednesday, October 3rd, 2012

Voice for the Defense Volume 41, No. 7 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Though the jury foreperson reported “not guilty” votes on the capital and first-degree murder charges, D could be retried on all charges. Blueford v. Arkansas, 132 S. Ct. 2044 (2012).

Friday, September 7th, 2012

Voice for the Defense Volume 41, No. 6 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

In the Torture Victim Protection Act, “individual” encompasses only natural persons; the Act does not impose liability against organizations. Mohamad v. Palestinian Auth., 132 S. Ct. 1702 (2012).

Friday, June 29th, 2012

Voice for the Defense Volume 41, No. 5 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

D’s fair trial did not preclude prejudice from counsel’s ineffective assistance. Lafler v. Cooper, 132 S. Ct. 1376 (2012)

Saturday, June 2nd, 2012

Voice for the Defense Volume 41, No. 4 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Offenses relating to a false tax return in which the Government’s loss exceeds $10,000 qualify as aggravated felonies for aliens’ deportation. Kawashima v. Holder, 132 S. Ct. 1166 (2012)

Tuesday, April 24th, 2012

Voice for the Defense Volume 41, No. 3 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Petitioner police officers did not violate the Fourth Amendment by entering respondent parents’ home without a warrant; the circumstances led the officers to believe that there could have been weapons inside the house. Ryburn v. Huff, 132 S. Ct. 987 (2012)

Saturday, March 24th, 2012

Voice for the Defense Volume 41, No. 2 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

The Court unanimously rejected the comparable-grounds approach to determining whether a noncitizen convicted of a crime and facing deportation or removal can obtain relief under former Immigration and Nationality Act § 212(c). Judulang v. Holder, 132 S. Ct. 476 (2011)

Thursday, February 9th, 2012

Voice for the Defense Volume 41, No. 1 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

The police failure to give Dixon his Miranda rights during the forgery interrogation was acceptable because his later confession to murder was properly warned and voluntary. Bobby v. Dixon, No. 10-1540 (U.S. Nov. 7, 2011)

Tuesday, December 13th, 2011

Voice for the Defense Volume 40, No. 10 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Freeman v. United States, 131 S. Ct. 2685 (2011); Reversed, remanded (5–4)

Tuesday, November 22nd, 2011

Voice for the Defense Volume 40, No. 9 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Bullcoming v. New Mexico, 131 S. Ct. 2705 (U.S. 2011); Reversed, remanded (5–4)

Wednesday, November 2nd, 2011

Voice for the Defense Volume 40, No. 8 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Sunday, October 2nd, 2011

Voice for the Defense Volume 40, No. 7 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Monday, August 29th, 2011

Voice for the Defense Volume 40, No. 6 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

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