ROBERT LEROY MCCOY v. LOUISIANA
Supreme Court of the US, Ginsburg, May 14, 2018,
6th Amendment – An attorney can not admit the defendant’s guilt in front of a jury if his client has unambiguously told him not to.
(Dissent – Alito with Thomas and Gorsuch- The lawyer only admitted the actus reus, not the mens rea, so he didn’t contravene his client’s wishes)
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LOS ROVELL DAHDA v. UNITED STATES
Supreme Court of the United States, Breyer, May 14, 2018,
Wiretap Law – A federal Wiretap Order is not “insufficient on its face” just because one sentence purports to authorize wiretaps outside of its jurisdiction.
PHILIP D. MURPHY v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION
Supreme Court of the US, Alito, May 14, 2018,
The Professional and Amateur Sports Protection Act (PASPA) – The PASPA is unconstitutional in that it disallows gambling unless a state had gambling in the early 1990s.
(Concur – Thomas- PASPA is unconstitutional, but the Court should reconsider how it severs unconstitutional statutes)
(Concur in part, dissent in part – Breyer – The offending portion should be severed; the entire statute isn’t unconstitutional)
(Dissent – Ginsburg with Sotomayor and partially with Breyer – PASPA should be salvaged, not scrapped)
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UNITED STATES OF AMERICA v. HAMZA KOLSUZ
U.S. Court of Appeals for the Fourth Circuit, Harris, May 9, 2018,
Border Searches – A forensic examination of a smartphone is a “nonroutine” search that must be justified by individualized suspicion of wrongdoing
(Concur – Wilkinson – Congress should decide the limits and requirements of a border search, not courts)
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THOYT HACKNEY v. STATE OF MARYLAND
Court of Appeals of Maryland, Barbera, May 9, 2018,
Prison Mailbox Rule – A pro se prisoner’s mailing of a post-conviction is deemed “filed” when formally delivered to prison authorities for mailing to the court
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UNITED STATES OF AMERICA v. OCEANIC ILLSABE LIMITED
US Court of Appeals for the Fourth Circuit, King, May 7, 2018,
Act to Prevent Pollution from Ships (APPS) – A shipping company can be criminally responsible for illegal dumping performed by its ships crew within the scope of their duty to further the business even without proof that the company knew exactly what was happening.
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EDWARD MICHAEL NERO v. MARILYN J. MOSBY
U.S. Court of Appeals for the Fourth Circuit, Gregory, May 7, 2018,
Prosecutor Immunity – Participating in a criminal investigation does not deprive a prosecutor of absolute immunity for a subsequent charging decision
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UNITED STATES OF AMERICA v. MONCLAIRE SAINT LOUIS
US Court of Appeals for the Fourth Circuit, Diaz, May 2, 2018,
Pre-Trial Identification – Repeating a photograph in a photo array doesn’t automatically exclude it from being allowed in evidence when the second array was shown months later and the identification appears otherwise reliable.
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AMERICAN ENTERTAINERS, L.L.C. v. CITY OF ROCKY MOUNT, NORTH CAROLINA
US Court of Appeals for the Fourth Circuit, Wynn, April 27, 2018,
1st Amendment – Prior Restraint – A licensing regulation is an unconstitutional prior restraint where it depends on a chief of police determining whether a sexually-oriented businesses will comply with “all applicable laws” without specifying what it means.
(Concur – Thacker – “erotic touching,” like “fondling,” has a sexual connotation that is plainly not present in mainstream artistic performances.)
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PURNELL A. SHORTALL v. STATE OF MARYLAND
Court of Special Appeals, Meredith, April 26, 2018,
Environmental Discharge – A crime prohibiting an act of improper disposal is complete when the person has improperly disposed of the sewage. To charge multiple counts for each day, there must be multiple actions taken by the Defendant.
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