In this case, the Supreme Court held, by a vote of 6-3, that a guilty plea, by itself, does not bar a Federal criminal defendant from later challenging the constitutionality of the statute of conviction on a direct appeal. In so ruling, the majority added a new exception to the ...

Back in 2001, in Zadvydas v. Davis, 533 U.S. 678 (2001), the Supreme Court interpreted a provision of the immigration laws which authorizes the detention of aliens who have already been ordered removed from the country; and the Court interpreted that provision to require judicial review of a detention decision ...

The plaintiffs in this case, the New York State Rifle & Pistol Association (the "Association"), and three individuals (the “Plaintiffs”) sued the City of New York and various co-defendants (collectively the “Defendants”), seeking a declaration that certain restrictions on a "Premises Residence" license issued by the New York City Police ...

In Silvester v. Harris, 843 F.3d 816 (9th Cir. Dec. 14, 2018), a panel from the Ninth Circuit reversed a district court’s bench trial judgment and remanded for entry of judgment in favor of the State of California in an action challenging a California law that established a 10-day waiting ...

This is an interesting decision in which a divided panel from the Ninth Circuit held that the district court had erred in imposing three of the so-called “standard conditions” of supervised release in effect at the time of the Defendant’s sentencing because those conditions were unconstitutionally vague. The majority therefore ...