Next week, the Supreme Court will hear oral argument in Setser v. United States. The cases addresses whether a federal court has authority to order a federal sentence to run consecutively with a yet-to-be-imposed state sentence.
In 2007, petitioner Monroe Setser was sentenced in federal court
You know oral argument isn’t going well when a justice of the Court asks you to defend your decision not to throw in the towel already. Yet that is precisely what happened to Donna Andrieu, an assistant district attorney from New Orleans, charged with defending
This past Monday, Fourth Amendment watchers began gathering at the Supreme Court on the eve of oral argument in United States v. Jones. Narrowly, the case was to resolve a circuit split on whether law enforcement can surreptitiously place a GPS device on a car,
Members of the Supreme Court seemed skeptical last Wednesday when asked to establish a new constitutional rule prohibiting the use of unreliable eyewitness testimony at criminal trials. Under existing law, unreliable eyewitness testimony is excludable only when the source of unreliability stems from police misconduct.
Eyewitness identification is widely considered to be one of the most powerful pieces of evidence a prosecutor can offer at a criminal trial. But psychologists continue to debate whether witnesses to a crime can accurately relay what they saw. The Supreme Court has debated the
The defense attorneys for Tarek Mehanna, on trial in federal court in Boston accused of providing material support for terrorism, will try to convince a jury that Mehanna is being denied his “freedom of thought and the right of private judgment,” and that in
On November 8th the Supreme Court is to hear oral argument for the case United States v. Jones, which questions the constitutionality of warrantless GPS tracking. The blog Threat Level has asserted that this case is one of the most significant Fourth Amendment cases to be
A French court last week ordered internet service providers in the country to block all access to a “Copwatch” site after vigorous complaints by the government and police organizations against the site and its users. An unusually harsh imposition of internet censorship even by the
At the conclusion of oral arguments on Wednesday, pundits were left guessing whether the Supreme Court would declare that Americans’ constitutional right to privacy bars prison officials from strip searching them if and when they are jailed for minor, nonviolent offenses. The case, Florence v.
Last Tuesday, the Supreme Court heard oral arguments in Maples v. Thomas. At issue was whether the petitioner had shown cause to excuse procedural default of his habeas appeal. Procedural default bars federal courts from hearing claims where the petitioner has failed to follow reasonable