Currently Browsing:US Supreme Court Decision

SCOTUS: Guilty Plea Doesn’t Bar a Defendant from Challenging the Constitutionality of his Statute of Conviction

Class v. United States (No. 16-424) A federal grand jury indicted petitioner, Rodney Class, for possessing firearms in his locked jeep, which was parked on the grounds of the United States Capitol in Washington, D. C. Appearing pro se, Class asked the District Court to dismiss the indictment. He alleged that the statute, §5104(e), violates

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US Supreme Court OK’s Arrest of D.C. Party-House Attendees; Justice Ginsburg Questions the High Court’s Fourth Amendment Precedents

District of Columbia v. Wesby This §1983 action arose out of the allegedly unconstitutional arrest of a number of individuals in a vacant house Washington DC. Police responded to a noise complaint and found the interior of the house in disarray, with a number of individuals partying inside. Officers reported smelling marijuana, observing beer bottles and

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Supreme Court Reverses 11th Circuit; Death Row Inmate May Be Entitled to Hearing RE: Racist Juror

Tharpe v. Sellers (No. 17–6075) Petitioner Keith Tharpe moved to reopen his federal habeas corpus proceedings regarding his claim that the Georgia jury that convicted him of murder included a white juror, Barney Gattie, who was biased against Tharpe because he is black. The District Court denied the motion on the ground that, among other

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US Supreme Court Reverses 9th Circuit and 11th Circuit in Per Curiam Opinions

Kernan v. Cuero (No. 16-1468) Here, the Defendant was charged with two felonies and a misdemeanor, and he entered a guilty plea to both felonies. After the guilty plea proceeding, but before the Defendant had been sentenced, the prosecutor moved to amend the criminal complaint to reflect that the Defendant had two prior felonies, which

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