Capitol Comments

All the Supreme Court Justices, even those not living in the D.C. area at the time, will remember the D.C. Snipers. Malvo’s case before the High Court is complicated.

In Miller v. Alabama (2014) the Supreme Court held that juvenile offenders convicted of homicide can’t receive a mandatory sentence of life imprisonment without parole. Instead the sentencing court must take into account how children are different from adults and only sentence the “rare juvenile offender whose crime reflects irreparable corruption” to life imprisonment without parole. In Montgomery v. Louisiana (2016) the Supreme Court held that Miller’s rule applies retroactively to juveniles convicted and sentenced before Miller was decided.  

The question in Malvo v. Mathena is whether Lee Boyd Malvo may have his sentences of life imprisonment without the possibility of parole, issued before Miller, reconsidered under Miller even though they weren’t mandatory.

The technical legal question the Supreme Court will address in Kahler v. Kansas is whether the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense. In more colloquial terms, the question is whether states may abolish a defense to criminal liability that mental illness prevented a defendant from knowing his or her actions were wrong. Five state have done so—Alaska, Idaho, Kansas, Montana, and Utah.

James Kahler was sentenced to death for fatally shooting his wife, her grandmother, and his two daughters. Kahler presented the testimony of a forensic psychiatrist who stated that Kahler was suffering from severe major depression at the time of the crime and that “his capacity to manage his own behavior had been severely degraded so that he couldn't refrain from doing what he did.”

In Apodaca v. Oregon (1972) and Johnson v. Louisiana (1972), five Justices agreed that the Sixth Amendment requires unanimous jury verdicts in federal criminal cases. Five Justices also agreed that jury verdicts in state criminal cases don’t have to be unanimous. In Ramos v. Louisiana the Supreme Court will consider overruling the latter holding in Apodaca and Johnson. Only Oregon and Louisiana allow non-unanimous jury verdicts in criminal cases.

Evangelisto Ramos was convicted 10-2 of second-degree murder based solely on circumstantial evidence and was sentenced to life in prison without the possibility of parole.

Ramos argues that the Fourteenth Amendment fully the Sixth Amendment guarantee of a unanimous verdict against the states.

As Washington State Department of Licensing v. Cougar Den illustrates, not all 5-4 Supreme Court cases involve high-profile, controversial issues where the Justices are divided on ideological lines.

In this case the Supreme Court held 5-4 that a treaty forbids the State of Washington from imposing a tax upon members of the Yakama Nation that import fuel.

An 1855 treaty between the United States and the Yakama Nation reserves to the Yamakas “the right, in common with the citizens of the United States, to travel upon all public highways.” A Washington statute taxes fuel importers who bring large quantities of fuel into the state by ground transportation. Cougar Den is a wholesale fuel importer owned by a Yakama member that transports fuel by truck from Oregon to Yakama-owned gas stations in Washington. Cougar Den argued the treaty preempted the tax.

The Immigration Reform and Control Act (IRCA) states that any information contained in the Form I-9, which is used to verify a person’s eligibility to work in the United States, may only be used for limited federal enforcement. The question the Supreme Court will decide in Kansas v. Garcia is whether the IRCA preempts states from using information contained in the I-9 to prosecute a person under state law (in this case for identity theft).

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