Our friends at Scotusblog.com recently discussed three pending cert. petitions that present important and interesting criminal issues. Because these issues may arise in your practice, I note them again here so that you can preserve them for review: Shaw v. United States, No. 22-118. Issues: (1) Whether the jury clauses of Article III and the … Read more
The Supreme Court has recently granted certiorari in three First Amendment cases relevant to criminal practice: Lozman v. City of Riviera Beach, Florida, No. 17-21 Question presented: Does the existence of probable cause defeat a First Amendment retaliatory-arrest claim as a matter of law? Cert. papers and opinion below available here: http://www.scotusblog.com/case-files/cases/lozman-v-city-riviera-beach-florida/ Minnesota Voters Alliance … Read more
United States v. Stewart, No. 10-3185 (2d Cir. June 28, 2012) (Winter, Calabresi, Sack, CJJ) This opinion appears to shut the door on the long-running series of appeals in the Lynne Stewart case. Stewart was convicted after trial of conspiracy to defraud the United States, providing material support to the killing or kidnapping of persons … Read more