Hayes, 408 U.S. 665 (1972), to the Scooter Libby/Judith Miller case, are quite hostile to the idea of a privilege in the face of a grand jury subpoena, and as I noted in my response to Chris Bray’s thoughtful post, the policy of the common law is hostile to such a privilege: For more than three centuries it has now been recognized as a fundamental maxim that the public (in the words sanctioned by Lord Hardwicke) has a right to every man’s evidence. [read post]

Dickerson, No. 06-2471 "Conviction and life sentence for drug and weapons offenses are affirmed over defendant's arguments that: 1) the specific drug quantities found in the current and previous convictions cannot be utilized for sentencing since the trial judge did not expressly instruct the jury that its findings of drug quantities had to be beyond a reasonable doubt; 2) there was error in the sentencing proceedings concerning defendant's prior convictions because… [read post]