On Point: OT 19

Lomax v. Ortiz-Marquez, USSC No. 18-8369, 2020 WL 3038282, 6/8/20, affirming 754 Fed. Appx. 756 (10th Cir. 2018); Scotusblog page (including links to briefs and commentary)

The federal Prison Litigation Reform Act (PLRA) bars a prisoner from being able to file a lawsuit without first paying filing fees if the prisoner has “three strikes”—that is, has had three or more prior suits dismissed because they were frivolous, malicious, or failed to state a claim. 28 U.S.C. § 1915(g). The issue here is whether the dismissal had to be with prejudice, or whether a dismissal without prejudice counts, too. It does, says a unanimous Court.

United States v. Sineneng-Smith, USSC No. 19-67, 2020 WL 2200834, May 7, 2020, vacating and remanding 910 F.3d 461 (9th Cir. 2019); Scotusblog page (including links to briefs and commentary)

The Ninth Circuit Court of Appeals reformulated the issues Sineneng-Smith raised in district court and on an appeal of her conviction for violating a federal immigration statute, and invited three organizations to file amicus briefs and participate in further oral argument. (Slip op. at 5-7). The Supreme Court holds the Court of Appeals “departed so drastically from the principle of party presentation as to consitute an abuse of discretion.” (Id. at 3).

Ramos v. Louisiana, USSC No. 18-5924, 2020 WL 1906545, 4/20/20, reversing State v. Ramos, 231 So. 3d 44 (La. Ct. Apps. 2017); Scotusblog page (including links to briefs and commentary)

The holding in this case has no relevance to Wisconsin practitioners, or indeed anyone outside of Louisiana or Oregon–the only two jurisdictions permitting 10-2 guilty verdicts in criminal trials. The Sixth Amendment requires unanimity in federal trials, and our state supreme court has long held the Wisconsin Constitution confers the same right. See Holland v. State, 91 Wis. 2d 134, 138, 280 N.W.2d 288 (1979). So if you’re interested only in the impact on your practice, there is none, and you can stop reading now.

Kansas v. Glover, USSC No. 18-556, 2020 WL 1668283, 4/6/20, reversing State v. Glover, 422 P.3d 64 (Kan. 2018); Scotusblog page (including links to briefs and commentary)

In a self-described “narrow” decision, the Supreme Court holds that, in the absence of information negating the inference that the owner was driving, a police officer had reasonable suspicion to stop a car based on the fact the registered owner of the car had a revoked driver’s license.

Kahler v. Kansas, USSC No. 18-6135, 2020 WL 1325817, 3/23/20, affirming State v. Kahler, 410 P.3d 105 (Kan. 2018); Scotusblog page (including links to briefs and commentary)

Kansas amended its insanity defense to limit to defendants whose mental illness prevents them from forming the required intent to commit a crime. A majority of the Supreme Court holds that does not violate due process.

Holguin-Hernadez v. United States, USSC 18-7739, vacating and remanding a per curiam 5th Circuit Court of Appeals opinion;  SCOTUSblog page (includes links to briefs and commentary).

At Holguin-Hernandez’s revocation hearing, his counsel argued for a specific sentence–either nothing or less than 12 months. The government pushed for 12-18 months. After the district court chose 12 months, H-H appealed and argued that the length of his sentence was unreasonable.

Shular v. United States, USSC 18-6662, affirming an unpublished 11th Circuit Court of Appeals opinion; SCOTUSblog page (includes links to briefs and commentary)

The issue in this case was whether Shular, a felon in possession of a firearm, had been convicted of 3 or more “serious drug offenses” under state law. If so, he would receive a mandatory 15-year term of imprisonment under the Armed Career Criminal Act (ACCA).

Jones v. Mississippi, USSC No.  18-1259, certiorari granted 3/9/20.

Question presented:

Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.

On February 26th, SCOTUS dismissed Randall Mathena, Warden v. Lee Boyd Malvo, USSC No. 18-217, which raised the same issue. Jones is a replacement case for Malvo. 

Kansas v. Garcia, USSC No. 17-384, 2020 WL 1016170, 3/3/20, reversing and remanding State v. Garcia, 401 P.3d 588 (Kan. 2017); Scotusblog page (including links to briefs and commentary)

In a five-to-four vote, the Supreme Court has upheld Kansas’s prosecution of noncitizens who used stolen social security numbers to gain employment.

The Kansas Supreme Court held that federal law in the form of the Immigration Reform and Control Act precluded prosecution of Garcia and some other defendants for identity theft because of 8 U.S.C.

Rehaif v. United States, USSC No. 17-9560, 2019 WL 2552487, June 21, 2019, reversing 888 F.3d 1138 (11th Cir. 2018); Scotusblog page (includes links to briefs and commentary)

Federal law bans certain classes of people from possessing guns, and provides stiff penalties (up to ten years in prison if there are no enhancers) if they do. One of those classes consists of people who are aliens illegally in the country. Rehaif was illegally in the country and possessed firearms. The trial court instructed the jury that it could convict him only if he “knowingly” possessed a gun, but refused to instruct it that he also had to know he was illegally in the country. He was convicted, and the Court now holds this was error: the mens rea in the illegal gun possession statute applies both the the possession and to the status that makes the possession illegal.