Criminal Procedure – Page 3

DORSEY v. UNITED STATES, 567 U.S. 260 (2012)

Issues: Criminal Law, Fair Sentencing Act of 2010, Sentencing, U.S. Sentencing Guidelines

132 S.Ct. 2321 (2012)567 U.S.? 260183 L.Ed.2d 250 Edward DORSEY, Sr., Petitioner v. UNITED STATES. Corey A. Hill, Petitioner v. United States. Nos. 11-5683, 11-5721.Supreme Court of United States. Argued April 17, 2012.Decided June 21, 2012. Headnotes FAIR SENTENCING ACT OF 2010 Lower Mandatory Minimum Sentences for Crack Cocaine Offenses — Post-Act Sentencing of Pre-Act […]

SOUTHERN UNION CO. v. UNITED STATES, 567 U.S. 343 (2012)

Issues: Criminal Procedure, Right to Jury Trial, Sixth Amendment

132 S.Ct. 2344 (2012) SOUTHERN UNION COMPANY, Petitioner v. UNITED STATES. No. 11-94.Supreme Court of United States. Argued March 19, 2012.Decided June 21, 2012. Headnotes CONSTITUTIONAL LAW — Right to Jury Trial. Jury’s Determination of Facts — Apprendi’s Application to Criminal Fines. Rule of?Apprendi v. New Jersey, 530 U.S. 466 — that Sixth Amendment reserves […]

UNITED STATES v. BANKS, 540 U.S. 31 (2003)

Issues: Criminal Procedure, Fourth Amendment, Knock & Announce

540 U.S. 31 (2003) UNITED STATES v. BANKS No. 02-473.Supreme Court of United States. Argued October 15, 2003.Decided December 2, 2003. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Headnotes CONSTITUTIONAL LAW — Searches and Seizures — Execution of Warrant — Forcible Entry — Knock and Announce Rule. Where officers executing […]

KERNAN v. CUERO, 582 U.S. ___ (2017)

Issues: Death Penalty

SUPREME COURT OF THE UNITED STATES SCOTT KERNAN, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION?v. MICHAEL DANIEL CUERO ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED ?STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 16?1468. Decided November 6, 2017 ?PER CURIAM. The Antiterrorism and Effective Death Penalty Act of 1996 provides that a […]

DUNN v. MADISON, 583 U.S. ___ (2017)

Issues: Death Penalty

SUPREME COURT OF THE UNITED STATES JEFFERSON DUNN, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS? v.?VERNON MADISON ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED?STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 17?193. Decided November 6, 2017 ?PER CURIAM. More than 30 years ago, Vernon Madison crept up behind police officer Julius Schulte and shot […]

KERNAN v. CUERO, 583 U.S. ___ (2017)

Issues: Death Penalty

SUPREME COURT OF THE UNITED STATES SCOTT KERNAN, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION v. MICHAEL DANIEL CUERO ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED ?STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 16?1468. Decided November 6, 2017 ?PER CURIAM. The Antiterrorism and Effective Death Penalty Act of 1996 provides that […]

WILLIAMS v. ILLINOIS, 132 S.Ct. 2221 (2012)

Issues: Confrontation Clause, Constitutional Law, Sixth Amendment

132 S.Ct. 2221 (2012) 467 U.S. 50 183 L.Ed.2d 89 Sandy WILLIAMS, Petitioner v. ILLINOIS. Supreme Court of United States. No. 10-8505. Argued December 6, 2011. Decided June 18, 2012. Headnotes CONSTITUTIONAL LAW — Confrontation of Witnesses — Forensic Specialist Testimony. In petitioner’s bench trial for rape, testimony of a state police crime lab forensic […]

UNITED STATES v. TINKLENBERG, 131 S.Ct. 2007 (2011)

Issues: Criminal Procedure, Speedy Trial Act of 1974

131 S.Ct. 2007 (2011) 563 U.S. 647 UNITED STATES, Petitioner, v. Jason Louis TINKLENBERG. Supreme Court of United States. No. 09-1498. Argued February 22, 2011. Decided May 26, 2011. Headnotes SPEEDY TRIAL ACT OF 1974 — Requirement that Trial Begin Within 70 Days After Arraignment — Exclusion for Delay Resulting from Pretrial Motions. The Speedy […]

CULLEN v. PINHOLSTER, 131 S.Ct. 1388 (2011)

Issues: Habeas Corpus

131 S.Ct. 1388 (2011) 563 U.S. 170 Vincent CULLEN, Acting Warden, Petitioner, v. Scott Lynn PINHOLSTER. Supreme Court of United States. No. 09-1088. Argued November 9, 2010. Decided April 4, 2011. Headnotes HABEAS CORPUS — State-Court Decision Contrary to, or Involving Unreasonable Application of, Federal Laws — Scope of Review. In determining whether a federal […]

BOBBY v. MITTS, 131 S.Ct. 1762 (2011)

Issues: Criminal Law, Death Penalty, Habeas Corpus, Sentencing, U.S. Sentencing Guidelines

?131 S.Ct. 1762 (2011) 563 U.S. 395 David BOBBY, Warden, Petitioner, v. Harry MITTS. Supreme Court of United States. No. 10-1000. May 2, 2011. Headnotes HABEAS CORPUS — Capital Jury Instructions — Penalty Phase — Consideration of Mandatory Death Sentence Before Life-Imprisonment Sentence. Instructions requiring a capital jury to consdier a mandatory death sentence before […]

KENTUCKY v. KING, 131 S.Ct. 1849 (2011)

Issues: Criminal Procedure, Exigent Circumstances, Fourth Amendment

131 S.Ct. 1849 (2011) 563 U.S. 452 KENTUCKY, Petitioner, v. Hollis Deshaun KING. Supreme Court of United States. No. 09-1272. Argued January 12, 2011. Decided May 16, 2011. Headnotes CONSTITUTIONAL LAW — Searches and Seizures — Warrantless Entry — Exigent Circumstances. Rule that exigent circumstances justify a warrantless entry applies when police do not create […]

DAVIS v. UNITED STATES, 131 S.Ct. 2419 (2011)

Issues: Criminal Procedure, Exclusionary Rule, Exclusionary Rule, Fourth Amendment, Vehicle Searches

?131 S.Ct. 2419 (2011) 564 U.S. 229 180 L.Ed.2d 285 Willie Gene DAVIS, Petitioner, v. UNITED STATES. Supreme Court of United States. No. 09-11328. Argued March 21, 2011. Decided June 16, 2011. Headnotes: Constitutional Law — Searches and Seizures — Reliance on binding appellate precedent — Exclusionary Rule. Searches conducted in objectively reasonable reliance on […]

J.D.B. v. NORTH CAROLINA, 131 S.Ct. 2394 (2011)

Issues: Criminal Procedure, Fifth Amendment, Miranda Warnings, Right Against Self-Incrimination

?131 S.Ct. 2394 (2011) 564 U.S. 261 180 L.Ed.2d 310 J.D.B., Petitioner, v. NORTH CAROLINA. Supreme Court of United States. No. 09-11121. Argued March 23, 2011. Decided June 16, 2011. Headnotes: Constitutional Law — Privilege Against Self-Incrimination — Custodial interrogations of a child — Relevance of child’s age. A child’s age is relevant to determine […]

TURNER v. ROGERS, 131 S.Ct. 2507 (2011)

Issues: Constitutional Law, Due Process of Law, Fourteenth Amendment, Right to Counsel

No. 10-10. 131 S.Ct. 2507 (2011) 564 U.S. 431 180 L.Ed.2d 452 Michael D. TURNER, Petitioner, v. Rebecca L. ROGERS et al. Supreme Court of United States. Argued March 23, 2011. Decided June 20, 2011. Headnotes: Constitutional Law — Due Process — Indigent noncustodial parent — Child support order — Counsel for civil contempt proceedings. […]

BULLCOMING v. NEW MEXICO, 131 S.Ct. 2705 (2011)

Issues: Confrontation Clause, Evidence Law, Forensic Evidence, Sixth Amendment

No. 09-10876. 131 S.Ct. 2705 (2011) 564 U.S. 647 180 L.Ed.2d 610 Donald BULLCOMING, Petitioner, v. NEW MEXICO. Supreme Court of United States. Argued March 2, 2011. Decided June 23, 2011. Headnotes: Constitutional Law — Confrontation of Witnesses — Forensic evidence — Testimonial certification of laboratory report. Sixth Amendment’s Confrontation Clause does not permit prosecution […]

HERNANDEZ v. MESA, 137 S.Ct. 2003 (2017)

Issues: Fifth Amendment, Fourth Amendment, Qualified Immunity

No. 15-118. 137 S.Ct. 2003 (2017) Jesus C. HERNANDEZ, et al., Petitioners v. Jesus MESA, Jr., et al. Supreme Court of United States. June 26, 2017. Counsel: Robert C. Hilliard, Hilliard Mu?oz Gonzales, LLP, Corpus Christi, TX,?Steve D. Shadowen, Hilliard & Shadowen, LLP, Mechanicsburg, PA,?Cristobal M. Galindo, Cristobal M. Galindo, P.C., Houston, TX,?Deepak Gupta,?Jonathan E. […]

DAVILA v. DAVIS, 137 S.Ct. 2058 (2017)

Issues: Effective Assistance of Counsel, Right to Counsel, Sixth Amendment

No. 16-6219. 137 S.Ct. 2058 (2017) Erick Daniel DAVILA, Petitioner v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division. Supreme Court of United States. Argued April 24, 2017. Decided June 26, 2017. Counsel: Seth Kretzer, Houston TX, appointed by this Court, for petitioner. Scott A. Keller, Solicitor General, for the respondent. Jonathan […]

WEAVER v. MASSACHUSETTS, 582 U.S. ___ (2017)

Issues: Effective Assistance of Counsel, Sixth Amendment

137 S.Ct. 1899 (2017) 582 U.S. ___ Kentel Myrone WEAVER, Petitioner v. MASSACHUSETTS. No. 16-240.Supreme Court of United States. Argued April 19, 2017.Decided June 22, 2017.ON WRIT OF CERTIORARI TO THE SUPREME JUDICIAL COURT OF MASSACHUSETTS. Counsel Michael B. Kimberly, Washington, DC, for Petitioner. Randall E. Ravitz, Boston, MA, for Respondent. Ann O’Connell for the […]

COUNTY OF LOS ANGELES v. MENDEZ, 581 U.S. ___ (2017)

Issues: 1983 Claim, Excessive Force, Fourth Amendment

NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See […]

GARCIA v. TEXAS, 564 U.S. 940 (2011)

Issues: Death Penalty, Habeas Corpus, Stays, Vienna Convention on Consular Relations

131 S.Ct. 2866 (2011) Humberto Leal GARCIA, aka Humberto Leal v. TEXAS. In re Humberto Leal Garcia. Humberto Leal Garcia, v. Rick Thaler, Director, Texas Department Of Criminal Justice, Correctional Institutions Division. Nos. 11-5001 (11A1), 11-5002 (11A2), and 11-5081 (11A21).Supreme Court of United States. July 7, 2011. Headnotes: Stay of execution — Vienna Convention on […]