Court Decisions

August 27, 2022

Selected Opinion Summaries Published by Justua, Week Ending August 26, 2022

During this past week (week ending August 26,2022) we have received listings of 27 Government and Administrative Law Summaries, 49 Constitutional Law summaries, 66 Criminal Law Summaries, and 7 White Collar Law case summaries. The plan is to post opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated. To gain access to these case summaries, click on the corresponding links below:

OPINION SUMMARIES POSTED FOR WEEK ENDING AUGUST 26, 2022:

Constitutional Law Opinion Summaries.

August 20, 2022

Selected Opinion Summaries Published by Justia, Week Ending August 19, 2022

by David Badertscher

During this past week (week ending August 19,2022) we have received listings of 27 Government and Administrative Law Summaries, 78 Constitutional Law summaries, 79 Criminal Law Summaries, and 4 White Collar Law case summaries. The plan is to post opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated. To gain access to these case summaries, click on the corresponding links below:

OPINION SUMMARIES POSTED FOR WEEK ENDING AUGUST 19, 2022:

Constitutional Law Opinion Summaries.

August 13, 2022

Selected Opinion Summaries Published by Justia, Week Ending August 12, 2022

by David Badertscher

During this past week (week ending August 12,2022) we have received listings of 19 Government and Administrative Law Summaries, 77 Constitutional Law summaries, 77 Criminal Law Summaries, and 4 White Collar Law case summaries. The plan is to post opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated. To gain access to these case summaries, click on the corresponding links below:

OPINION SUMMARIES POSTED FOR WEEK ENDING AUGUST 12, 2022:

Constitutional Law Opinion Summaries.

July 30, 2022

Selected Opinion Summaries Published by Justia, July 29 2022

by David Badertscher

After reviewing some of my earlier postings over the years and their corresponding comments, it became clear that many readers from that time were accessing on a regular basis the Opinion Summaries that were being posted on the Criminal Law Library Blog, prior to its initial closing in 2012. On the basis of that finding it became obvious that reintroducing some form of Opinion Summaries in the newly reopened Criminal Law Library Blog should at least be considered seriously. After consulting with the Justia Staff everyone agreed that it was appropriate to reintroduce opinion summaries to the Criminal Law Library Blog in the form of Opinion Summaries Published by Justia. The plan is to post opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.

During this past week (week of July 29,2022) we have received listings of 43 Constitutional Law summaries, 56 Criminal Law Summaries, and 1 White Collar Law case summary. To gain access to these case summaries, click on the corresponding links below:

Constitutional Law Opinion Summaries.

July 26, 2022

Selected Opinion Summaries Published by Justia

by David Badertscher

This Summer after reviewing some of my earlier postings over the years and their corresponding comments, it became clear that many readers from that time were accessing on a regular basis the Opinion Summaries that were being posted on the Criminal Law Library Blog, prior to its initial closing in 2012. On the basis of that finding it became obvious that reintroducing some form of Opinion Summaries in the newly reopened Criminal Law Library Blog should at least be considered seriously. After consulting with the Justia Staff everyone agreed that it was appropriate to reintroduce opinion summaries to the Criminal Law Library Blog in the form of Opinion Summaries Published by Justia. The plan is to post opinion summaries weekly whenever possible in order to keep blog readers updated.

Taking advantage of improvements in the new software Justia began using after 2012, it became possible to have links contained within each post accessible on one screen page for added convenience to the reader. The week of the posting is prominently displayed, as noted below, followed by a brief statement and by the links to the relevant areas of law.

As we further develop this format in the coming weeks, it is expected that links to additional areas of law may sometimes be added– provided they keep within the confines of the scope of the Criminal Law Library Blog. Since many of the categories of Opinion Summaries Justia publishes will always be outside the scope of the Criminal Law Library Blog, they will not be included in the selected opinion summaries posted here. For those interested in gaining access to additional listings, each posting of Selected Opinion Summaries Published by Justia will contain a link to the complete listings of Justia Opinion Summaries.

July 16, 2022

Tributes to Retired U.S. Supreme Justice Stephen G. Breyer

by David Badertscher

Upon his retirement from the U.S. Supreme Court on June 30, 2022. Justice Breyer will be receiving a number of awards including the following for his distinguished service while on the Court:

The American Bar Association (ABA) has announced that it will be honoring the Honorable Stephen G. Breyer its 2022 Medal, the Association’s highest honor at the ABA’s Annual Meeting in August 2022. The ABA announcement highlights Justice Breyer’s extraordinary career, his efforts to defend the rule of law, his commitment to judicial independence, and his long involvement with the Association. It also mentions that “[Breyer] has written more than 525 Opinions as a Supreme Court Justice…”.

Justice Breyer will also be receiving the 2022 Thomas Jefferson Medal in Law. This Award is sponsored jointly by the University of Virginia and the Thomas Jefferson Foundation. “Thomas Jefferson Foundation Medals are awarded each year to recognize the achievements of those who embrace endeavors in which Jefferson — author of the Declaration of Independence, third U.S. president and founder of the University of Virginia-excelled and held in high regard”.

July 8, 2022

Tribal Reaction to Oklahoma v. Castro, 597 U.S. ______ (2022

by David Badertscher

No. 21–429. Argued April 27, 2022—Decided June 29, 2022

Castro-Huerta was convicted of child neglect in Oklahoma state court. The Supreme Court subsequently held that the Creek Nation’s eastern Oklahoma reservation was never properly disestablished and remained “Indian country.” Castro-Huerta then argued that the federal government had exclusive jurisdiction to prosecute him (a non-Indian) for a crime committed against his stepdaughter (Cherokee Indian) in Tulsa (Indian country). The Oklahoma Court of Criminal Appeals vacated his conviction.

The Supreme Court reversed. The federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country. States have jurisdiction to prosecute crimes committed in Indian country unless preempted either under ordinary preemption principles, or when the exercise of state jurisdiction would unlawfully infringe on tribal self-government. Neither preempts state jurisdiction in this case.

March 26, 2011

Findlaw Case Summaries: Criminal Law and Procedure March 21-25, 2011

by David Badertscher

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
March 21-25, 2011.

United States First Circuit, 03/22/2011
US v. Werra, No. 09-1593
Conviction and sentencing of defendant is reversed because stop-and-frisk conducted on him after law enforcement officers forced their way into a house occupied by a group of unrelated individuals to execute an arrest warrant violated the Fourth Amendment rights of defendant, where he was not the subject of the warrant.

United States Fourth Circuit, 03/25/2011
US v. Masciandaro, No. 09-4839
Conviction and sentencing of defendant for carrying or possessing a loaded handgun in a motor vehicle, under 36 C.F.R. section 2.4(b), is affirmed where the general federal savings statute, 1 U.S.C. Section 109, denies defendants an automatic entitlement to the benefit of post-arrest changes in the law.

United States Ninth Circuit, 03/21/2011
Smith v. Almada, No. 09-55334
In an appeals arising out of the arrest and trial of the appellant for arson, summary judgment in favor of the appellee is affirmed where failure to disclose evidence during criminal trial did not prejudice appellant.
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