Articles Tagged with “Supreme Court”

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Last week, with the Memorial Day holiday, was a slow week for wins in the federal circuits- there’s only one short win.

Monday, of course, was a huge day for the government’s ability to collect massive amounts of data about the citizenry. I mean, of course, the Supreme Court’s opinion in Maryland v. King.

My coverage at Above the Law is available here (it’s dissent heavy).

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Someone told the police that Chunon Bailey sold drugs. Worse, he sold drugs and had a gun at his house at 103 Lake Drive in Wyandanch, New York.

That someone was a confidential informant.

The police took that tip and got a search warrant for 103 Lake Drive.

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It’s another relatively slow week in the federal appeals courts of our great nation. Perhaps folks are too saturated with election coverage to issue opinions.

Of the three courts that issued opinions this week, only one is in a battleground states (or quasi battleground state) – the Tenth Circuit in Colorado.

The Eleventh Circuit based in Georgia and the Fifth Circuit in New Orleans surely are not drowning in direct mail pieces or television ads.

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It’s a dog’s breakfast of victories in the nation’s federal criminal appellate courts.

Personally, I love a good case on the district court’s contempt power — look to see the Fourth Circuit’s contempt reversal in United States v. Peoples profiled in more depth a little later in the week. The case has everything — a pro se litigant, a finding of contempt, and profanity (which is tastefully referred to in the opinion). It reminds me of another great pro se contempt case from last year. It reminds me, too, of the Sixth Circuit’s relatively recent case on the limits of a district court’s power to sanction a lawyer. Always good stuff.

Which is not to give short shrift to the two other wins from last week — resentencing in an illegal reentry case and unsupported supervised release conditions in a federal sex case.

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For a person convicted of a crime, winning in the Supreme Court of the United States can be a mixed bag.

Sometimes it works out well. Clarence Gideon was acquitted when he was retried, this time with the aid of a defense lawyer. He was also, of course, lovingly portrayed by Henry Fonda in film, and is now perhaps the most often-invoked indigent of the Twentieth Century.

657704_supreme_court.jpgOn the other hand, Ernesto Miranda, the man who gave us Miranda warnings, was convicted on retrial after his statement was suppressed. He served 11 years in prison for rape.

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The Supreme Court has agreed to review the constitutionality of the Stolen Valor Act. The Stolen Valor Act makes lying about having military honors a federal crime. It’s at 18 U.S.C. § 704.

There’s a good discussion of the Act over at SCOTUSBlog.

The Wall Street Journal Law Blog nicely frames the issue – “What’s More Common Than Valor?