» Justices skeptical that double jeopardy clause allows retrial based on inconsistent verdict of acquittal
28/11/23 21:45 from SCOTUSblog » Cases and Controversies
The double jeopardy clause of the Fifth Amendment generally says that the government gets only one chance to convict a defendant of a crime: If a jury finds a defendant not guilty, then the government has lost its chance to convict that ...
» Double jeopardy claim after inconsistent acquittal comes before the court
27/11/23 13:31 from SCOTUSblog » Cases and Controversies
Tuesday’s argument in McElrath v. Georgia will take the justices back to law-school basics – the case could be a question on a law-school examination in criminal law. The facts are simple. Damian McElrath was prosecuted for several crime...
» Supreme Court to consider multi-pronged constitutional attack on SEC
27/11/23 12:30 from SCOTUSblog » Cases and Controversies
The argument on Wednesday in Securities and Exchange Commission v. Jarkesy will present a remarkable spectacle of three entirely distinct constitutional challenges to wholly disparate attributes of the SEC. Ordinarily, the ability of the...
» Major OxyContin case headlines December session
22/11/23 14:58 from SCOTUSblog » Cases and Controversies
The justices will kick off the December argument session on Nov. 27 with oral argument in a pair of consolidated cases, Brown v. United States and Jackson v. United States, involving the Armed Career Criminal Act. The ACCA exte...
» Justices take up Native health care funding cases and a dispute over sentencing guide
20/11/23 11:36 from SCOTUSblog » Cases and Controversies
The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. The announ...
» Justices schedule major cases on deference to federal agencies
17/11/23 14:53 from SCOTUSblog » Cases and Controversies
The Supreme Court will hear arguments in January in a pair of cases asking the justices to overrule a landmark decision on deference to federal administrative agencies. Relentless, Inc. v. Department of Commerce and Loper Bright Enterpri...
» Funding for Native healthcare programs, and the Armed Career Criminal Act returns
15/11/23 17:28 from SCOTUSblog » Cases and Controversies
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. Since our last installment, the Supreme Court has continued slowly...
» Cancer victims ask court to untangle “finality trap”
13/11/23 20:10 from SCOTUSblog » Cases and Controversies
The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here. Litigants in federal courts may unwittingly find themselves in a “fi...
» Justices take up expert testimony question in “blind mule” drug-trafficking case
13/11/23 11:45 from SCOTUSblog » Cases and Controversies
The Supreme Court on Monday agreed to decide whether prosecutors in a drug-trafficking case can call a government witness to provide expert testimony to rebut the defendant’s assertion that she did not know that she was carrying drugs, a...
» Using expert testimony to prove a criminal defendant’s knowledge of drug trafficking
08/11/23 10:53 from SCOTUSblog » Cases and Controversies
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. A lot has happened since our last installment. The Supreme Court granted...