Category: Supreme Court

  • Law Geek: Retroactivity of Padilla v. Kentucky

    When I read Padilla v. Kentucky, I didn’t give much thought to the question, but after hearing considerable debate among smart lawyers of whether the rule in that case (that counsel is ineffective for not telling the defendant about clear immigration consequences before a guilty plea) is retroactive, I took a closer look at the […]

  • One Thing I Learned Today

    In 2007, when Pennsylvania decided to prosecute William Barnes 40 years after the fact for the murder of William Barclay, after Barnes had already served a prison sentence for the attempted murder of Barclay, I asked (Gideon reminds me now), "How does a conviction for attempted murder not jeopardy-bar a prosecution for murder when the […]

  • Arizona v. Gant

    Texas narcotics cops get an anonymous tip that someone is carrying drugs in his car. They call a cop in a marked unit to follow him. The uniformed cop watches for a traffic violation (changing lanes without signaling is popular). The uniformed cop stops the suspect, arrests him for the traffic violation, cuffs and stuffs […]

  • Virginia v. Moore in Texas

    In Virginia v. Moore the Supreme Court held that evidence is admissible under the Fourth Amendment even though obtained in a search incident to an unlawful arrest that was on probable cause. In other words, if the state makes something a non-arrestable crime (in Virginia, driving with a suspended license) and the police break state […]