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Tag Archives: Supreme

Georgia Politicians and Activists Protest President Obama’s Federal Judicial Nominees

Posted in Federal Courts

Last Thursday, President Barack Obama nominated U.S. District Court Judge Julie E. Carnes to serve on the U.S. Court of Appeals for the Eleventh Circuit. At the same time, the President nominated Georgia Court of Appeals Judge Michael P. Boggs, DeKalb County State Court Judge Eleanor Louise Ross, and attorneys Mark Howard Cohen and Leigh… Continue Reading

The Commerce Clause and Federal Criminal Law: No “Generalized Federal Police Power” Yet

Posted in Uncategorized

The United States Supreme Court’s determination of the constitutionality of the individual mandate provision of the Patient Protection and Affordable Care Act of 2010, 26 U.S.C. § 5000A, in June in the decision of Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012) generated much discussion of the Commerce Clause, although the… Continue Reading

Southern Union Co. v. United States — Must a Jury, and not the Judge, Find the Facts Necessary to Impose a Criminal Fine?

Posted in Corporate Crimes

The U.S. Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), held that the Fifth and Sixth Amendments of the U.S. Constitution require that any fact which increases punishment beyond the maximum prescribed by statute must be determined by a jury, rather than a judge. The Court’s holding in Apprendi led to its… Continue Reading

SUPREME COURT HOLDS VEHICLE GPS TRACKING CONSTITUTES A SEARCH

Posted in Searches & Seizures

We have mentioned the case of U.S. v. Jones which was pending before the United States Supreme Court, and  the issue of whether placement of a gobal positioning satellite (GPS)  device on a vehicle by law enforcement constitutes a search. Late last month, the Court issued an opinion holding that the government’s installation of a GPS device on a… Continue Reading

U.S. Supreme Court to Hear Arguments in Warrantless GPS Surveillance and Tracking Case on November 8

Posted in Searches & Seizures

The U.S. Supreme Court’s 2011-2012 term begins on Monday. Among several issues prominent in the public eye at the moment–i.e. healthcare, immigration–the Court will hear argument on warrantless surveillance. According to a press release yesterday by the National Association of Criminal Defense Lawyers (NACDL), on November 8, 2011, the Court will hear arguments in United States… Continue Reading

Supreme Court Declines to Hear Conrad Black’s Appeal of His Two Remaining Convictions

Posted in Fraud

The U.S. Supreme Court yesterday denied the petition for certiorari by former international media mogul, Canadian citizen and British Lord, Conrad Moffat Black, as reported in the Washington Post. Mr. Black was the CEO of Hollinger International, Inc., which owned newspapers worldwide. He was indicted (in an indictment made available by FindLaw which may be viewed… Continue Reading

Conrad Black on the Problems of the U.S. Justice and Prison System: Prisoners are “An Ostracized, Voiceless Legion of the Walking Dead”

Posted in Fraud, Sentencing

  Canadian citizen Conrad Black, former head of Hollinger International, Inc., and once the third biggest newspaper magnate in the world, was charged in the Northern District of Illinois with diverting corporate funds for his own use and was convicted in July of 2007for "honest services" mail fraud, in violation of 18 U.S.C. s 1846,… Continue Reading

Elena Kagan on Criminal Law

Posted in Courts and Judiciary

President Obama is expected to announce today his nomination of Solicitor General Elena Kagan to succeed Justice John Paul Stevens. Solicitor General Kagan has been one of the presumptive leading choices to replace Justice Stevens ever since the Justice announced that he was stepping down. Ms. Kagan has drawn criticism from both the right and… Continue Reading

Oral Arguments in Skilling Case Focus on Jury Selection Issues, Less Emphasis on Honest Services Fraud

Posted in Fraud

According to Lyle Denniston at SCOTUSblog,  Ashby Jones at the Wall Street Journal Law Blog, and Professor Ellen S. Podgor of Stetson University College of Law and the White Collar Crime Prof Blog, the U.S. Supreme Court seemed more interested in the jury selection/fair trial issues in yesterday’s oral arguments in the case of former… Continue Reading

Chief Justice John Roberts Issues Year-End Report on the Federal Judiciary; Judiciary “Operating Soundly”; New Criminal Cases at Highest Levels Since 1932

Posted in Fraud, Miscellaneous

As the final hours of 2009 were running out on New Years’ Eve, U.S. Supreme Court Chief Justice John Roberts issued the Chief Justice’s Year-End Report on the Federal Judiciary, available here, a tradition begun by Chief Justice Warren Burger in 1970 to address the most critical needs of the federal judiciary. The Chief Justice… Continue Reading

Professor Podgor on Judge Sotomayor on White Collar Criminal Law

Posted in Miscellaneous

Professor Ellen S. Podgor of Stetson University College of Law made an excellent post yesterday on the White Collar Crime Prof Blog surveying Second Circuit Court of Appeals Judge and Supreme Court nominee Sonia Sotomayor’s white collar criminal opinions. Professor Podgor perused some 100 cases involving Judge Sotomayor and the term "fraud." She came to the conclusion… Continue Reading

Justice Souter on Criminal Law

Posted in Noteworthy Cases

              Supreme Court Justice David Hackett Souter has announced his intention to retire at the end of the Court’s term in June. In his 19 years on the Court, Justice Souter has been a key vote in many cases and has written over 150 majority, plurality, concurring and dissenting opinions, including in many criminal… Continue Reading

Medellin v. Texas: The Effect on International Law on Domestic Criminal Law and Procedure

Posted in International Law

            Defense counsel with foreign clients will not be pleased with the latest offering from the United States Supreme Court and its take on international law. José Ernesto Medellín, a Mexican national, was convicted and sentenced in a Texas state court for the capital murder of two girls. Fortunately, Mexico brought an action in the… Continue Reading