On Point: 44. SCOTUS

United States. v. Anthony Davila, USSC No. 12-167, 6/13/13

United States Supreme Court decision, reversing United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (per curiam)

Rule 11(c)(1) of the Federal Rules of Criminal Procedure provides that parties may discuss and reach a plea agreement, but that the court “must not participate in these discussions.” In this case there is not dispute that a Magistrate Judge violated Rule 11(c)(1) by improperly participating in plea discussions by engaging in “repeated exhortations”

Marvin Peugh v. United States, USSC No. 12-62, 6/10/13

United States Supreme Court decision, reversing United States v. Peugh, 675 F.3d 736 (7th Cir. 2012)

Resolving a split between federal circuit courts, the Supreme Court holds that a sentencing court violates the Ex Post Facto Clause by using the U.S. Sentencing Guidelines in effect at the time of sentencing instead of the Guidelines in effect at the time of the offense,

Maryland v. King, USSC No. 12-207, 6/3/13

United States Supreme Court decision, reversing King v. State, 425 Md. 550, 42 A.3d 549 (2012)

In a decision validating the collection of DNA from at least some persons before they are even convicted of a crime, a divided Supreme Court has concluded that when officers make an arrest supported by probable cause for a “serious”

McQuiggin v. Floyd Perkins, USSC No. 12-126, 5/28/13

United States Supreme Court decision, vacating and remanding Perkins v. McQuiggin, 670 F.3d 665 (6th Cir. 2012)

In Schlup v. Delo, 513 U. S. 298 (1995), and House v. Bell, 547 U. S. 518 (2006), the Court held that a convincing showing of “actual innocence” enabled habeas petitioners to overcome a procedural bar to consideration of the merits of their constitutional claims.

Carlos Trevino v. Thaler, USSC No. 11-10189, 5/28/13

United States Supreme Court decision, vacating and remanding 449 Fed. Appx. 145 (5th Cir. Nov. 14, 2011)

Last term in Martinez v. Ryan, 132 S. Ct. 1309 (2012), a case arising out of Arizona, the Court held that where a state’s rules of appellate procedure allowed a state prisoner to raise an ineffective assistance of trial counsel claim only on collateral review,

Question presented:

Whether the offense of aiding and abetting the use of a firearm during and in relation to a crime of violence or drug trafficking crime, in violation of 18 U.S.C. §§ 924(c)(1)(A) and 2, requires proof of (i) intentional facilitation or encouragement of the use of the firearm, as held by the First, Second, Third, Fifth, Seventh, Eighth, Ninth, and Eleventh Circuits, or (ii) simple knowledge that the principal used a firearm during a crime of violence or drug trafficking crime in which the defendant also participated,

Question presented:

Proper interpretation of Georgia v. Randolph, 547 U.S. 103, 126 S.Ct. 1515, 164 L.Ed.2d 208 (2006), specifically whether a defendant must be personally present and objecting when police officers ask a co-tenant for consent to conduct a warrantless search or whether a defendant’s previously-stated objection, while physically present, to a warrantless search is a continuing assertion of 4th Amendment rights which cannot be overridden by a co-tenant.

Linda Metrish, Warden v. Burt Lancaster, USSC 12-547, 5/20/13

United States Supreme Court decision, reversing Lancaster v. Metrish, 683 F.3d 740 (6th Cir. 2012)

In a unanimous opinion issued only a month after oral argument, the Supreme Court holds that a state prisoner is not entitled to federal habeas relief based on the retroactive application of a state supreme court decision holding there is no diminished capacity defense under state law.

Questions Presented:

1. Whether the crime of distribution of drugs causing death under 21 U.S.C. § 841 is a strict liability crime, without a foreseeability or proximate cause requirement.

2. Whether a person can be convicted for distribution of heroin causing death utilizing jury instructions which allow a conviction when the heroin that was distributed “contributed to” death by “mixed drug intoxication,” but was not the sole cause of death of a person.

Adrian Moncrieffe v. Eric Holder, Attorney General, USSC 11-702, 4/23/13

United States Supreme Court decision, reversing Moncrieffe v. Holder, 662 F.3d 387 (5th Cir. 2011)

In an important case for noncitizens charged with marijuana delivery or distribution offenses, the Supreme Court holds that a conviction for marijuana distribution under state law is not an “aggravated felony” that requires deportation if the conviction fails to establish the offense involved either remuneration or more than a “small amount”