SCOTUS | crimlawpractitioner

Haley Filippine

Nov 143 min read

Can Bruen be the Criminal Justice Reform Trojan Horse Public Defenders Envisioned?

The Supreme Court’s conservative supermajority has cut back extensively on criminal defendants’ ability to seek relief from harsh...

Samantha Baker-Carr

Aug 173 min read

Gun control and the Rahimi decision

The last significant decision the Supreme Court made regarding the Second Amendment was the New York State Rifle & Pistol Association,...

Bittner v. United States: 2022-23 Supreme Court Criminal Decisions

Bennett Nuss

Sep 9, 20234 min read

Bittner v. United States: 2022-23 Supreme Court Criminal Decisions

In Bittner v. United States, the Court faced a statutory interpretation question pertaining to the methodology of charging parties under...

Bennett Nuss

Aug 9, 20233 min read

Samia v. United States: 2022-23 Supreme Court Criminal Decisions

Samia v. United States was decided on June 23, 2023. According to the facts of the case, in 2012, Paul LeRoux tasked petitioner Adam...

Bennett Nuss

Jul 24, 20234 min read

United States v. Hansen: 2022-23 Supreme Court Criminal Decisions

In another case dealing with speech related crimes, the Supreme Court had to decide whether a federal law criminalizing “encouraging or...

Bennett Nuss

Jul 16, 20233 min read

Pugin v. Garland: 2022-23 Supreme Court Criminal Decisions

In Pugin v. Garland, the Court was tasked with resolving a circuit split over whether an independent offense “relating to obstruction of...

Bennett Nuss

Jul 13, 20234 min read

Counterman v. Colorado: 2022-23 Supreme Court Criminal Decisions

Counterman v. Colorado specifically dealt with the standard by which a criminal defendant can be found to have made a “true threat of...

Bennett Nuss

Jun 27, 20232 min read

Smith v. United States: 2022-23 Supreme Court criminal decisions

In Smith v. United States, the Northern District of Florida indicted Timothy Smith for theft of trade secrets of a website company with...

Caitlyn Greene

Apr 26, 20234 min read

Juvenile brains are different, their mens rea analysis should be too

Courts should apply a child-centered mens rea analysis for all cases adjudicating juveniles, also known as the “reasonable child”...

Samuel Disario

Apr 25, 20232 min read

Cruel and unusual or adequate healthcare: Looking at the circuit split

In 1976, the United States Supreme Court handed down a landmark decision where the Court interpreted the Eighth Amendment’s “cruel and...

Sarah Pape

Apr 25, 20234 min read

Running an inherent risk: Executing the innocent

Charles Flores is a man with an innocence claim facing execution on Texas Death Row. Twenty-four years ago, Flores went to prison for the...

Kayla Ollendorff

Nov 10, 20223 min read

The Supreme Court's opportunity to formally expand Brady

TW: sexual violence, child abuse On Aug. 26, 2022, Troy Mansfield’s attorneys filed a petition for a writ of certiorari asking the...

Bennett Nuss

Jun 6, 20223 min read

Legal tracking: Malicious prosecution at issue in Thompson v. Clarke

Malicious prosecution is a major problem in the United States. The Washington Post found government misconduct in some manner caused over...

Nikko Respeto

May 27, 20223 min read

Interstate prohibition of sports gambling: The Wire Act must go

Sports gambling is a market that has not always been legal, but that has not stopped sports bettors from placing bets on sporting events...

Bennett Nuss

Feb 19, 20224 min read

Legal tracking: Concepcion v. United States

The Supreme Court heard oral argument this term in a case that could substantively change how low-risk prisoners apply for resentencing...

Robert C. Flowers

Mar 22, 20185 min read

Textualism over due process, and the avoidance of duty

*Formatting updated Oct. 25, 2023 I’ll be frank: I am mad, and I think you should be too. No, this isn’t about politicians or gun rights,...

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