US Supreme Court
A new study written by Harvard law professor Andrew Manuel Crespo shows criminal defendants are infrequently represented by expert counsel at argument before the US Supreme Court. The study, which used data from a 10-year period ending June 2015, determined nearly 2/3’s of arguments presented on behalf of criminal defendants were undertaken by attorneys…
6/23/16 The United States Supreme Court issued a ruling today upholding the constitutionality of the University of Texas’ using affirmative action as a factor in its admissions decisions. The decision affirms the ideals behind affirmative action, recognizing the value in achieving diversity in higher education. Affirmative action is a policy, in use around the…
6/20/16 The Exclusionary Rule is a constitutional law principle which says in its basic terms that prosecutors should not be able to use evidence at trial which the police obtained illegally in violation of a person’s constitutionally guaranteed rights. The idea is the rights would mean nothing if the police could ignore those constitutional rights…
6/9/16 In Williams v. Pennsylvania, U.S. Supreme Court, no. 15–5040. (6/9/16), the defendant was charged with murder. The then-prosecutor approved the trial assistant district attorney’s request to seek the death penalty and the defendant was convicted and sentenced to death. That district attorney later became the chief justice of the Pennsylvania Supreme Court. The…
5/27/16 In a criminal case there are two types of challenges to prospective jurors, strikes for cause and peremptory strikes. When a prospective juror is stricken for cause it means that the judge has determined that something the prospective juror has said or about their background renders them unfit to set fairly and impartially on…
5/23/16 In a unanimous opinion issued on May 19, 2016, the United States Supreme Court held that a criminal defendant’s Sixth Amendment Right to a Speedy Trial does not apply to the sentencing phase of the proceedings. In Betterman v. Montana, No. 14–1457, the defendant plead guilty in Montana state court to the offense…
4/21/16 We are supposed to be free from unreasonable searches and seizures, and searches of a person, their body, and their property, without a warrant and without exigent circumstances are unconstitutional. However, a number of states (which does not include Arizona, thankfully) have made it a criminal offense to refuse to submit to blood or…
2/24/16 US Supreme Court Rules 911 Call with Limited Corroboration Can Justify the Stop of a Motor Vehicle For DUI. The fourth amendment to the United States Constitution protects people from unreasonable searches and seizures. Information the police receive in anonymous 911 calls by themselves cannot serve as a legal basis to justify the…
2/15/16 Supreme Court Justice Antonin Scalia Dies at 79 Having served as a Supreme Court Justice for 29 years, Supreme Court Justice Antonin Scalia passed away on Saturday. See full story from knau.org: http://knau.org/post/justice-antonin-scalia-known-biting-dissents-dies-79#stream/0 If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer…