Crime

In a 5-4 decision the Supreme Court held in McGirt v. Oklahoma that for purposes of the Major Crimes Act (MCA) three million acres, including most of the City of Tulsa, is a Creek reservation.

Per the federal MCA only the federal government may prosecute Native Americans who commit specific crimes within “Indian country.” Oklahoma state court convicted Jimcy McGirt, a member of the Seminole Nation of Oklahoma, for three serious sexual...

In Kelly v. United States the Supreme Court unanimously overturned the federal fraud convictions of the Bridgegate masterminds because they didn’t seek to obtain money or property.

The Democratic mayor of Fort Lee, New Jersey, refused to support then-governor Chris Christie’s re-election. As punishment, under the guise of conducting a traffic study, one of Christie’s staff members and two high ranking Port Authority employees decided to close...

In a two-page per curiam (unauthored) opinion in New York State Rifle & Pistol Association v. City of New York, the Supreme Court held that a challenge to New York City’s rule disallowing residents to transport firearms to a second home or shooting range outside of the city is moot. The State and Local Legal Center (SLLC) filed an...

In a fractured 6-3 opinion in Ramos v. Louisiana the Supreme Court held that for convictions of serious crimes state court jury verdicts must be unanimous.

In 48 states and federal court, a single juror’s vote to acquit prevents a conviction. Louisiana and Oregon allow convictions for serious crimes based on 10-to-2 verdicts.

The Sixth Amendment states that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy...

In an 8-1 opinion the Supreme Court held that a police officer may initiate a traffic stop after learning the registered owner of the vehicle has a revoked license unless the officer has information negating the inference the owner of the vehicle is the driver.

In Kansas v. Glover Deputy Mehrer ran the license plate of a vehicle he saw being driven lawfully, matched it to the vehicle he observed, and learned it was registered to Charles Glover...

James Kahler shot his wife, her grandmother, and his two daughters after his wife filed for divorce and moved out with their children. He argued that Kansas “unconstitutionally abolished the insanity defense” by allowing the conviction of a mentally ill person “who cannot tell the difference between right and wrong.” The Supreme Court disagreed.

In Kahler v. Kansas the Supreme Court held 6-3 that the Constitution’s Due Process Clause does not...

In Jones v. Mississippi the Supreme Court will decide whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is “permanently incorrigible” before imposing a sentence of life without parole.

In Miller v. Alabama (2012) the Supreme Court held that the Eighth Amendment bars life-without-parole sentences “for all but the rarest of...

In a 5-4 decision in Kansas v. Garcia the Supreme Court held that the Immigration Reform and Control Act (IRCA) does not preempt state statutes that provide a basis for identity theft prosecutions when someone uses another person’s Social Security Number on their state and federal tax-withholding forms.

The IRCA requires employers to verify, using a federal work-authorization form, that an employee is authorized to work in the United States....

The Supreme Court was supposed to decide whether D.C. Sniper Lee Boyd Malvo could have his Virginia sentence of life in prison without parole reconsidered. The Supreme Court dismissed this case because Virginia just passed a law making all juvenile offenders eligible for parole after 20 years. Even if paroled in Virginia, Malvo faces six additional life sentences in Maryland.

In ...

McKinney v. Arizona is an excellent illustration of the complexity and disagreement on the Supreme Court over the death penalty. The Supreme Court held 5-4 that a court rather than a jury may reweigh improperly excluded mitigating evidence in a death penalty case on collateral review.

In 1992 James McKinney was convicted of two counts of first-degree murder. To receive the death penalty at least one aggravating circumstance must be found. A...

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