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Case Clips

Published by the Indiana Office of Court Services

S. Alito

McCoy v. Louisiana, No.16-8255, __US__ (May 14, 2018).

May 21, 2018 Filed Under: Criminal Tagged With: R. Ginsburg, S. Alito, SCOTUS

The Sixth Amendment guarantees a defendant the right to choose the objective of his defense and to insist that his counsel refrain from admitting guilt, even when counsel’s experienced-based view is that confessing guilt offers the defendant the best chance to avoid the death penalty.

Birchfield v. North Dakota, No.14-1468, __US__ (June 23, 2016).

June 27, 2016 Filed Under: Criminal Tagged With: S. Alito, SCOTUS

The Fourth Amendment permits warrantless breath tests inci¬dent to arrests for drunk driving but not warrantless blood tests.

Caetano v. Massachusetts, No. 14-10078, ___ U.S. ___ (March 21, 2016).

March 29, 2016 Filed Under: Criminal Tagged With: Per Curiam, S. Alito, SCOTUS

Second Amendment protects possession of stun guns; right is not limited to arms in existence at the founding or weapons useful in warfare.

Hurst v. Florida, No. 14-7505, ___ U.S. ___ (Jan. 12, 2016).

January 15, 2016 Filed Under: Criminal Tagged With: S. Alito, S. Breyer, S. Sotomayor, SCOTUS

Florida’s death-penalty statutory scheme, under which judge must find aggravating circumstance justifying death and jury’s sentencing recommendation of death or life without parole is only advisory, violates Sixth Amendment jury right.

Johnson v. United States, No. 13-7120, ___ U.S. ___ (June 26, 2015).

July 2, 2015 Filed Under: Criminal Tagged With: A. Kennedy, A. Scalia, C. Thomas, S. Alito, SCOTUS

Armed Career Criminal Act (ACCA)’s definition of “violent felony” is unconstitutionally vague as to its residual clause, which covers any felony that “involves conduct that presents a serious potential risk of physical injury to another”; clause leaves uncertainty about how to estimate the risk posed by a crime or how much risk it takes for a crime to qualify as a violent felony. (Overruling James v. United States, 550 U.S. 192 (2007) and Sykes v. United States, 564 U.S. 1 (2011).)

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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