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2 Jun 2020, 3:50 am by Edith Roberts
At Crime & Consequences, Kent Scheidegger laments that in Banister the court “took a small step further down a road it has already traveled too far–bogging down federal habeas corpus cases by making them more like regular civil litigation in federal courts. [read post]
8 May 2020, 3:43 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger writes that the decision was a “stern rebuke” to the U.S. [read post]
5 May 2020, 3:54 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger “do[es] not see any plausible argument for retroactivity” in Edwards “[u]nder existing precedent. [read post]
28 Apr 2020, 4:20 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger notes that “[w]henever the Supreme Court makes a significant change in the law — as it did last week when it overruled its prior approval of nonunanimous juries in state criminal cases” in Ramos v. [read post]
24 Apr 2020, 3:54 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger concludes that “the Supreme Court majority and the Eleventh Circuit have correctly interpreted the statute,” and that although “[t]here is surely much room for policy disagreement in this area, … those arguments should be made to Congress. [read post]
21 Apr 2020, 3:59 am by Edith Roberts
” Kent Scheidegger at Crime & Consequences also finds the “divisions over precedent … more interesting than the divisions over jury trial. [read post]
8 Apr 2020, 4:04 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger observes that “[t]he Court has not given a green light to police officers to stop every car registered to a person with a suspended or revoked license[:] Although the stop was upheld in this case, officers would be well advised to get a look at the driver to see if he matches the sex and approximate age on license, at least, before making the stop. [read post]
26 Mar 2020, 3:59 am by Edith Roberts
At Crime & Consequences, Kent Scheidegger looks at Monday’s cert denial in Avery v. [read post]
3 Mar 2020, 3:40 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger questions Justice Sonia Sotomayor’s statement about the amount of time that passed between the enactment of two constitutional provisions. [read post]
28 Feb 2020, 4:03 am by Edith Roberts
At Crime & Consequences, Kent Scheidegger adds to the list of possible cases to replace Mathena v. [read post]
27 Feb 2020, 3:40 am by Edith Roberts
At Crime & Consequences, Kent Scheidegger hopes that the Supreme Court will move quickly to replace Mathena v. [read post]
26 Feb 2020, 3:50 am by Edith Roberts
At Crime & Consequences, Kent Scheidegger writes that “[a] great deal of post-conviction litigation in capital cases consists of claims that some marginally relevant mitigating evidence, often with no connection to the crime, was erroneously omitted from the sentencing process,” and that “[a]llowing the state collateral review court to say ‘even assuming that was an error, the aggravating still outweighs the mitigating, and the sentence is still… [read post]
25 Feb 2020, 4:02 am by Edith Roberts
Kent Scheidegger weighs in at Crime & Consequences on the court’s refusal to exercise its original jurisdiction to consider the dispute, agreeing with Justice Clarence Thomas, who dissented from the order, that the court’s discretionary approach to these cases may violate the Constitution. [read post]
6 Feb 2020, 8:32 am by Kalvis Golde
” At Crime and Consequences, Kent Scheidegger predicts that the appeals filed by Texas inmate Abel Ochoa, whose execution is scheduled for tonight at 6:00 p.m. [read post]
28 Jan 2020, 3:58 am by Edith Roberts
Commentary comes from Scott Cozenza at Liberty Nation, Kent Scheidegger at Crime & Consequences and the editorial board of The Wall Street Journal (subscription required). [read post]
24 Jan 2020, 3:49 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger notes the implications of the ruling for a capital case this term, McKinney v. [read post]
3 Jan 2020, 3:53 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger finds Chief Justice John Roberts’ recent reminder that federal judges should “‘judge without fear or favor, deciding each matter with humility, integrity, and dispatch’” particularly relevant in capital cases, in which “[i]deological bias and excessive delay are all too common. [read post]
12 Dec 2019, 3:54 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger argues that “an essential issue in the case was barely mentioned” during the argument. [read post]
10 Dec 2019, 3:52 am by Edith Roberts
At Crime & Consequences, Kent Scheidegger remarks that Friday’s order denying the federal government’s request to move forward immediately with federal executions “may have been a Pyrrhic victory,” because several justices signaled their “impatience” at the prospect of delay in the case; the court of appeals yesterday set an expedited briefing schedule, with oral argument on January 15. [read post]
26 Nov 2019, 4:01 am by Edith Roberts
” At Crime & Consequences, Kent Scheidegger offers his take on the output from Friday’s conference. [read post]