Tag: Sentencing and Punishment

The U.S. Supreme Court will return from its summer recess at the end of the month. The justices have already agreed to consider a number of significant criminal law cases over 2016-2017 Term. This post offers a brief preview.   Bravo-Fer...

In Betterman v. Montana, 578 U. S. ____ (2016), the U.S. Supreme Court clarified that the Sixth Amendment’s speedy trial guarantee does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges. The Court�...

In US v Bryant 579 ___ (2016), the U.S. Supreme Court held that the inclusion of tribal-court convictions as predicate offenses under a federal domestic violence law targeting repeat offenders does not violate the Sixth Amendment’s right to counsel...

Welch v. United States: Landmark Sentencing Decision Must Be Applied Retroactively On April 18, 2016, the U.S. Supreme Court held that its landmark criminal sentencing decision in Johnson v. United States must be applied retroactively. The justices ...

In Luis v. United States, 136 U.S. 1083 (2016), the U.S. Supreme Court held that the pretrial freeze of a criminal defendant's legitimate, untainted assets violates the Sixth Amendment right to counsel of choice. While the significant constitutiona...

In Montgomery v. Louisiana, 577 U. S. ____ (2016), the U.S. Supreme Court addressed how state courts should apply its decision in Miller v. Alabama, in which the Court held that the Eighth Amendment prohibits a sentencing scheme that requires life in...

In Johnson v. the United States, 576 US _ (2015), the U.S. Supreme Court held that the residual clause of the Armed Career Criminal Act was unconstitutionally vague and violated the due process rights of the petitioner. The statute imposes increased ...

The U.S. Supreme Court started its November sitting this week. The justices heard oral arguments in six cases. In addition to an important case involving Article III standing, the Court also considered several criminal law issues. Below is a...

In Kennedy v. Louisiana, 554 U.S. 407 (2008), the U.S. Supreme Court relied on the Eighth Amendment’s prohibition of “cruel and unusual punishment” to limit the application of the death penalty. In Kennedy v. Louisiana, the majority sp...

U.S. Supreme Court Review for October, 2015: The justices of the Court have been busy since returning to the bench. The Supreme Court Review covers oral arguments in ten cases and added a number of important new cases to the docket. On Oc...