Loaded on
March 12, 2018
published in Punch and Jurists
March 12, 2018
This is a factually unusual case that shows one of the many unintended consequences that derive from the indefinite civil commitment provisions of the Adam Walsh Act which are set forth in 18 U.S.C. § 4248(a). Under that law, a person who has been convicted of various sex crimes and ...
Loaded on
March 12, 2018
published in Punch and Jurists
March 12, 2018
In a decision that clarifies the showing indigent prisoners must make to obtain funds needed for investigative services under a provision of the Criminal Justice Act (“CJA”) codified at 18 U.S.C. § 3599, the Supreme Court has ruled in favor of a Texas death-row prisoner who was denied funding needed ...
Loaded on
March 12, 2018
published in Punch and Jurists
March 12, 2018
A handful of times every year, the Supreme Court summarily reverses an opinion from a court below - which means that the Court decides to issue a merits opinion on the basis of the petition for certiorari and the opposing brief, without ever accepting merits briefing or oral argument. Rarely ...
Loaded on
March 12, 2018
published in Punch and Jurists
March 12, 2018
Carlo J. Marinello II was convicted of eight counts of tax evasion and one count of violating a provision of the Internal Revenue Code (“IRC”), 26 U.S.C. §7212(a). That provision has two substantive clauses. The first clause, which the Court called the “Officer Clause,” forbids
“corruptly or by force or ...
Loaded on
March 12, 2018
published in Punch and Jurists
March 12, 2018
In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court’s landmark Second Amendment decision, the Court struck down a District of Columbia law that made it illegal to possess handguns in the home, holding that the core right guaranteed by the Second Amendment is "the right of ...