Since 1996, 18 states lifted their bans on food stamp eligibility for felony drug convictions, 26 states have issued partial bans for certain types of felony convictions, and only 6 states have full bans for those with any record of a felony drug conviction. The six states with full bans are Alaska, Georgia, Mississippi, South Carolina, West Virginia and Wyoming.

Taylor v. Barkes could have been a significant qualified immunity case. Prison officials asked the Supreme Court to resolve a circuit split over whether supervisors can be liable for constitutional violations caused by their failure to supervise. The Court “expess[ed] no view” on the vitality of supervisory liability instead concluding no clearly established constitutional right was implicated in this case.  

In a per curiam (unauthored) opinion the Court granted two prison officials qualified immunity related to an inmate’s suicide reasoning that no precedent at the time of the suicide established that an incarcerated person had a right to proper implementation of adequate suicide prevention protocols. So prison officials could not be liable for failing to supervise the contractor providing suicide screening.

In Foster v. Humphries the Supreme Court will decide whether potential black jurors were purposely excluded in violation of Batson v. Kentucky.

In 1987 Timothy Tyrone Foster, who is black, was sentenced to death for murdering an elderly white woman. The jury was all-white; the prosecutor peremptorily struck all four prospective black jurors.  Prosecutors may strike a number of jurors for any unstated reason except because of race and sex, the Supreme Court has held.

In the face of an economic recession and budget constraints, states are finding it more difficult to provide a constitutionally mandated public defense attorney for indigent criminal defendants.

An $11 million shortfall in North Carolina’s Office of Indigent Defense budget could have a ripple effect throughout the state’s criminal justice system.  Public defenders handle about 32 percent of indigent cases, and the Office of Indigent Defense Services contracts with private attorneys to handle the rest. But the 2011 fiscal year shortfall puts that legal service in jeopardy.