Articles Posted in United States Supreme Court

Last August, the Pennsylvania Supreme Court upheld the conviction of Jamal Knox, a rap artist, for multiple charges stemming from what the trial court found were terroristic threats based on the contents of his rap song “F**ck the Police.”  Knox petitions for Supreme Court review and if granted, the Court could not only clarify…

​How long must one be deprived of his freedom before the deprivation is considered “absolute?”  For what time period must a person be away from her job, her family, or her home before the loss of liberty is no longer considered a “mere diminishment of a benefit?”  And what is…

In the case of Mitchell v. Wisconsin, the United States Supreme Court has agreed to hear a case from Wisconsin addressing the issue of whether States can have a statute allowing warrantless blood draw of an unconscious suspect.   Wisconsin and 29 other States allow warrantless blood draws of an unconscious…

The United States Supreme Court has granted Certiorari in the case of Gamble v. United States that raises the issue of whether the Double Jeopardy Clause precludes prosecution for the same offense by the federal and State Government.   The case of Terrance Gamble involves a 2008 conviction from Alabama…

Does Double Jeopardy bar prosecution for the Same crime in Federal and State Court?  A series of petition for certiorari before the United States Supreme Court ask the Court to address whether the Double Jeopardy Clause bars either the State or Federal Government from prosecuting a person for the same…

In McCoy v. Lousiana, the United States Supreme Court will address the issue of who has the authority to control the decision to admit guilt, the lawyer or the client.  Can the Lawyer for strategy reasons, concede guilt to avoid the death penalty?  This was the issue facing a criminal…

In the case of Huertas v. United States, the defendant is requesting that the United States Supreme Court grant certiorari in his case, to address the issue of when an individual can be seized for the purposes of the Fourth Amendment.  In order to trigger a defendant’s Fourth Amendment rights,…

The United States Supreme Court is considering an appeal in the case of Gonzalez-Badillo v. Unites States which will address the issue of whether a general consent to search justifies searching a closed container under the Fourth Amendment.  In the Badillo case, the defendant gave a general consent to search…

In the case of Earley v. New Jersey, the defendant has asked the United States Supreme Court to address the issue of the standard to be applied when the police destroy evidence. The leading case from the United States Supreme Court addressing this issue is Arizona v. Youngblood.  In that…

In February, the United States Supreme Court will hear a case which sheds light on whether or not the prosecution can legally use a defendant’s previously-obtained incriminating statement as evidence at a preliminary or probable cause hearing; the Supreme Court will ultimately decide whether or not this violates a person’s fifth…