Articles Posted in Supreme Court

Professor Friedman has posted various amicus pleadings on his blog here.  He lists one not currently on the SCOTUSBlog for the case.  A little more here with Supreme Court cases with potential impact on military justice.  Professor Friedman does note as to his own filing:

There are a couple of passages that I would amend if I could, in which I refer to the "primary purpose" test and appear to assume that it governs a case like this. I believe a "reasonable anticipation" test is far preferable, and I am hoping that the "primary purpose" test will eventually recede, perhaps first by being confined to interrogations. The recent decision of the Michigan Supreme Court in People v. Fackelman,, which I expect to discuss in a post in the very near future, raises my hopes that this may turn out to be true.

SCOTUSBlog reports their “petition of the day,” which is a criminal evidence case with potential relevance to military justice practitioners – Childers v. Florida, if granted.

Issue two is:

2. Should the Court resolve a conflict in the Circuits and clarify whether its Confrontation Clause
precedents, Olden v. Kentucky, 488 U.S. 227 (1988), Delaware v. Van Arsdall, 475 U.S. 673 (1986), and
Davis v. Alaska, 415 U.So 308 (1974), permit a trial court to preclude cross-examination into the bias of a key witness on the ground that the trial court has allowed some cross-examination into bias.

The President intends nominating Elena Kagan, the current Solicitor General of the United States, as the next (and 112th) justice of the United States Supreme Court, according to the Washington Post.

In replacing Justice John Paul Stevens, Obama would also be breaking with tradition. Every other member of the court is a former federal appeals court judge, and Kagan has never served in the judiciary. The last time a non-judge was appointed was 1972, when President Richard M. Nixon nominated William H. Rehnquist and Lewis Powell in the same year.

Thanks to SCOTUSBlog here is a link to a new Supreme Court research tool.

The Supreme Court Database.

The Supreme Court Database is the definitive source for researchers, students, journalists, and citizens interested in the U.S. Supreme Court. The Database contains over two hundred pieces of information about each case decided by the Court between the 1953 and 2008 terms. Examples include the identity of the court whose decision the Supreme Court reviewed, the parties to the suit, the legal provisions considered in the case, and the votes of the Justices.

SCOTUSBlog has provided this excellent summary of panels over the next few weeks which will address past and pending issues before the court.  Not all of the issues may be relevant to day to day lawyering in a court-martial setting, but worth considering.  A reminder that SCOTUSBlog is the best website out there with relevant and timely information about what is going on at the Supreme Court.  Overall the bloggers make an effort to be non-partisan and minimize the advocacy – which in today’s shouting head media context is very good.  SCOTUSWiki is a further good source for information and arguments in pending Supreme Court cases where you may have a similar issue pending at trial, or where you are looking for litigation ideas.

Weds., Sept. 16 at 4 p.m.: The American Bar Association will host “On the Docket: The Legal and Media Worlds Look at the Supreme Court 2009 Term” at the Newseum. Tom Goldstein will be a panelist. Click here for more information and registration details.

Thurs., Sept. 17 at 10:30 a.m.: The Cato Institute will host a Constitution Day symposium, “The Supreme Court: Past and Prologue—A Look at the October 2008 and October 2009 Terms.” Click here for more information and registration details.

Here is the 21 April 2009 Supreme Court decision in Arizona v. Gant.  Basically it limits the scope of a warrantless car search.  In the course of its decision the court did not overrule New York v. Belton, 453 U. S. 454 (1981), but concluded Belton was misunderstood and misapplied.

This was a 5 – 4 Decision. 

Here is a “news release” by the FLETC legal staff.  This is what all U. S. law enforcement personnel currently attending FLETC or who get their alerts is being told about the impact of Arizona v. Gant.  All CID/OSI/NCIS/CGIS agents claim to have attended FLETC.  So, they are on notice and the “notice” gives you some ideas on investigative and cross-examination questions of the police if your search involves a warrantless search of an auto.

Here, courtesy of SCOTUSBlog are several pending petitions of interest.

Docket: 08-833
Title: Oliver v. Quarterman
Issue:  Does juror consultation of the Bible during sentencing deliberations  deprive a defendant of Sixth Amendment rights and what standard of proof should apply in evaluating the possible prejudice to the defendant?

  • Opinion below (5th Circuit)
  • Petition for certiorari
  • Brief in opposition
  • Petitioner’s reply brief
  • Brief amicus curiae of former federal and state prosecutors (in support of petitioner)

Docket: 08-769
Title: United States v. Stevens
Issue: Is
18 U.S.C. 48, on depictions of  animal cruelty, facially invalid under the Free Speech Clause of the First Amendment?

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