Public Safety

Kelly v. United States is a conflux of fascinating law and facts.

The basic question the Supreme Court will decide is whether the masterminds of “Bridgegate” have committed fraud in violation of federal law. The more technical question is whether a public official “defrauds” the government of its property by advancing a “public policy reason” for an official decision that is not the subjective “real reason” for making the decision.

Former New Jersey Governor Chris Christie’s Deputy Executive Director of the Port Authority of New York and New Jersey, the Port Authority’s Director of Interstate Capital Projects, and Christie’s Deputy Chief of Staff for Intergovernmental Affairs orchestrated “Bridgegate.” Under the guise of conducting a traffic study, they conspired to reduce traffic lanes from the George Washington Bridge (the busiest bridge in the world) to Fort Lee the first week of Fort Lee’s school year, because the mayor of Fort Lee refused to endorse Governor Christie for governor.

In Department of Homeland Security v. Regents of the University of California the Supreme Court will decide whether the Department of Homeland Security’s (DHS) decision to end the Deferred Action for Childhood Arrivals (DACA) program is judicially reviewable and lawful. Three lower courts have concluded ending the policy is both reviewable and likely unlawful.  

DACA was established through a DHS Memorandum during the Obama presidency. The program allowed undocumented persons who arrived in the United States before age 16 and have lived here since June 15, 2007, to stay, work, and go to school in the United States without facing the risk of deportation for two years with renewals available.

DHS rescinded DACA in September 2017 after receiving a letter from the Attorney General stating the program was unconstitutional and created “without proper statutory authority.”

In Mitchell v. Wisconsin the Supreme Court held that generally when police officers have probable cause to believe an unconscious person has committed a drunk driving offense, warrantless blood draws are permissible. The State and Local Legal Center (SLLC) filed an amicus brief arguing for this result.

By the time the police officer got Gerald Mitchell from his car to the hospital to take a blood test he was unconscious. Mitchell’s blood alcohol content (BAC) about 90 minutes after his arrest was 0.222%.

Wisconsin and twenty-eight other states allow warrantless blood draws of unconscious persons where police officers have probable cause to suspect drunk driving.

CSG Midwest
Illinois has become the first state in the nation to legalize the sale and use of recreational marijuana through an act of the legislature. Sent to the governor for signing in early June, HB 1438 was being hailed by its legislative sponsors as marking a new era in Illinois public policy and as a “model for other states in its commitment to equity and criminal justice reform.”

In Tennessee Wine and Spirits Retailers Association v. Thomas the Supreme Court held 7-2 that Tennessee’s law requiring alcohol retailers to live in the state for two years to receive a license is unconstitutional. The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing the law was constitutional.  

Two constitutional provisions are at issue in this case. The dormant Commerce Clause prohibits state laws that unduly restrict interstate commerce. Both parties agree that if Tennessee’s durational-residency requirement applied to anyone wishing to sell anything other than alcohol it would violate the dormant Commerce Clause.

CSG Midwest
Three years ago, with their passage of SB 367, Kansas legislators remade the state's juvenile justice system.
correctional facility for juveniles would soon close, the state would rely much less on “group homes” to house low-level offenders, and several alternatives to incarceration would be introduced into the system.
The result: Between 2015 and 2018, the monthly average of Kansas’ juvenile custody population dropped by 63 percent.

In Gundy v. United States the Supreme Court held 5-3 that the Sex Offender Registration and Notification Act’s (SORNA) delegation of authority to the Attorney General to apply SORNA’s requirements to pre-Act offenders doesn’t violate the constitution’s nondelegation doctrine.

SORNA, enacted in 2006, is Congress’s third sex offender registry law. It was intended to be more comprehensive than the previous two. It covers “more sex offenders, and imposes more onerous registration requirements, than most States had before.”

SORNA states “[t]he Attorney General shall have the authority to specify the applicability of the requirements of this subchapter to sex offenders convicted before the enactment of this chapter.” In 2007 the Attorney General issued an interim rule stating that SORNA’s registration requirements apply in full to pre-Act offenders. 

McDonough v. Smith is a case about forgery, deceit, fabricated evidence…and statute of limitations.

In this case the Supreme Court held 6-3 that the statute of limitations for a fabrication of evidence claim begins running upon acquittal. The State and Local Legal Center (SLLC) filed an amicus brief arguing the statute of limitations should begin running earlier.

Edward McDonough, commissioner of the county board of elections, processed forged absentee ballots, which he claimed he didn’t know were forged. Youel Smith was appointed to investigate and prosecute the matter. McDonough claims Smith “falsified affidavits, coached witnesses to lie, and orchestrated a suspect DNA analysis to link McDonough to relevant ballot envelopes.” The first trial involving McDonough ended in a mistrial. He was acquitted in a second trial.

After oral argument Court commentators predicated the Supreme Court wouldn’t overrule the “dual-sovereignty” doctrine. In a 7-2 decision in Gamble v. United States it didn’t. The State and Local Legal Center (SLLC) filed an amicus brief arguing for the result in this case.  

The Double Jeopardy Clause provides that no person may be “twice put in jeopardy” “for the same offence.” Per the “dual-sovereignty” doctrine the Supreme Court has long held that a “crime under one sovereign’s laws is not ‘the same offence’ as a crime under the laws of another sovereign.”

In McKinney v. Arizona James Erin McKinney wants the Arizona Supreme Court out of his death penalty case. More specifically, the Supreme Court will decide whether a jury rather than a judge must weigh the factors mitigating against imposing a death sentence when the law at the time he was convicted allowed a judge to weigh mitigating factors. The Court also has agreed to decide whether a trial court rather than an appellate court must correct the failure to weigh relevant mitigating factors.

A jury found McKinney guilty of first-degree murder related to two separate burglaries and murders committed in 1991. McKinney had PTSD from his “horrific” childhood but the Arizona Supreme Court disallowed the sentancer to consider non-statutory mitigating evidence (including family background and mental condition) unconnected to the crime. In 1996 the trial court found the evidence of PTSD to be unconnected to the crime and sentenced McKinney to death.

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