8th amendment court cases 2020

[10] The Court argued that the Eighth Amendment only applies for federal actions and does not prohibit state or local laws from imposing excessive fines, and that the Supreme Court had yet to issue any decision that incorporated the excessive fines clause of the Eighth Amendment to the states. Arizona (Decision February 25, 2020) The Arizona Supreme Court properly reevaluated McKinney’s death sentence. The Eighth Amendment's Excessive Fines Clause is an incorporated protection applicable to the States pursuant to the Fourteenth Amendment’s Due Process Clause. A defendant may seek relief under 18 U.S.C. Summary: The Court reversed and remanded the Supreme Court of Kansas. [19], The Court's ruling is expected to affect the use of asset forfeiture at state and local levels, a common practice to help partially fund police forces. The Court held that to convict a defendant under 26 U. S. C. §7212(a)—which forbids “corruptly or by force or threats of force . October 2018 Term. Indiana Took His $42,000 Land Rover", "Lisa Olivia Leonard V. Texas On Petition For Writ Of Certiorari To The Court Of Appeals Of Texas, Ninth District", "Constitution prohibits 'excessive fines', but does it apply in all states? Justice Thomas joined in the dissenting opinion except as to footnote 9 and filed a dissenting opinion.). Justice Alito, joined by Justices Thomas and Gorsuch, filed a dissenting opinion. The ABA filed an amicus brief at the certiorari stage, arguing that the Court should summarily reverse the Texas Court of Criminal Appeals because of the flaws with the intellectual disability standard being used by the Texas court, and based on rule of law grounds. Summaries of all Opinions (including Concurrences and Dissents), in argued and non-argument cases and Orders; certiorari grants for the upcoming Term; a chart of “Who Wrote What;” and a brief Overview of the Term, regarding all Criminal Law and related cases before the U.S. Supreme Court (with clickable links to the cases). ), /content/aba-cms-dotorg/en/groups/criminal_justice/resources/case_updates, https://www.supremecourt.gov/opinions/20pdf/18-1259_8njq.pdf, https://www.supremecourt.gov/opinions/20pdf/20-507_h315.pdf, https://www.supremecourt.gov/opinions/20pdf/19-292_21p3.pdf, https://www.scotusblog.com/wp-content/uploads/2020/05/121420zor_8n59.pdf, https://www.supremecourt.gov/opinions/20pdf/19-108_8njq.pdf, https://www.supremecourt.gov/opinions/19pdf/18-9526_9okb.pdf, https://www.supremecourt.gov/opinions/19pdf/18-8369_3dq3.pdf, https://www.supremecourt.gov/opinions/19pdf/18-1432_e2pg.pdf, https://www.supremecourt.gov/opinions/19pdf/18-6943_k5fm.pdf, https://www.supremecourt.gov/opinions/19pdf/18-5924_n6io.pdf, https://www.supremecourt.gov/opinions/19pdf/18-556_e1pf.pdf, https://www.supremecourt.gov/opinions/19pdf/18-6135_j4ek.pdf, https://www.supremecourt.gov/opinions/19pdf/17-834_k53l.pdf, https://www.supremecourt.gov/opinions/19pdf/18-7739_9q7h.pdf, https://www.supremecourt.gov/opinions/19pdf/18-935_3dq3.pdf, https://www.supremecourt.gov/opinions/19pdf/17-1678_m6io.pdf, https://www.supremecourt.gov/opinions/19pdf/18-1109_5i36.pdf, https://www.supremecourt.gov/opinions/18pdf/18-6210_2co3.pdf, https://www.supremecourt.gov/opinions/18pdf/17-1672_5hek.pdf, https://www.supremecourt.gov/opinions/18pdf/18-431_7758.pdf, https://www.supremecourt.gov/opinions/18pdf/17-9572_k536.pdf, https://www.supremecourt.gov/opinions/18pdf/17-9560_e2p3.pdf, https://casetext.com/case/gundy-v-united-states-3, https://casetext.com/case/mcdonough-v-smith-5, https://casetext.com/case/quarles-v-united-states-3, https://casetext.com/case/mont-v-united-states, https://casetext.com/case/bucklew-v-precythe-6, https://www.supremecourt.gov/opinions/18pdf/17-1026_2c83.pdf, https://www.supremecourt.gov/opinions/18pdf/17-7505_2d9g.pdf, https://www.supremecourt.gov/opinions/18pdf/18-443_8m58.pdf, https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf, https://www.supremecourt.gov/opinions/18pdf/17-5554_4gdj.pdf, https://www.supremecourt.gov/opinions/18pdf/17-765_2co3.pdf, https://www.supremecourt.gov/opinions/17pdf/16-9493_e0fi.pdf, https://www.supremecourt.gov/opinions/17pdf/17-5639_8m59.pdf, https://www.supremecourt.gov/opinions/17pdf/17-21_p8k0.pdf, https://www.supremecourt.gov/opinions/17pdf/17-5716_jhek.pdf, https://www.supremecourt.gov/opinions/17pdf/17-155_2bo2.pdf, https://www.supremecourt.gov/opinions/17pdf/16-1027_7lio.pdf, https://www.supremecourt.gov/opinions/17pdf/16-1519_o7jp.pdf, https://www.supremecourt.gov/opinions/17pdf/16-8255_i4ek.pdf, https://www.supremecourt.gov/opinions/17pdf/16-476_dbfi.pdf, https://www.supremecourt.gov/opinions/17pdf/17-43_m648.pdf, https://www.supremecourt.gov/opinions/17pdf/15-1498_1b8e.pdf, https://www.supremecourt.gov/opinions/17pdf/16-6855_c18e.pdf, https://www.supremecourt.gov/opinions/17pdf/17-2_1824.pdf, https://www.supremecourt.gov/opinions/17pdf/16-424_g2bh.pdf, Annual Review of the Supreme Court's Term. Justice Kennedy filed an opinion concurring in part. The Court held that in a prosecution under 18 U. S. C. §922(g) and §924(a)(2), the Government must prove both that the defendant knew he possessed a firearm and that he knew he belonged to the relevant category of persons barred from possessing a firearm. Summary: The Court affirmed the Court of Appeals for the Eighth Circuit. Concurring opinion in part and in judgment by Justice Sotomayor. Summary: The Court affirmed the Eighth Circuit Court of Appeals. The first 8th Circuit case, Rutledge v. The Court held that provisions of the Professional and Amateur Sports Protection Act that prohibit state authorization and licensing of sports gambling schemes violate the anti-commandering rule of the Tenth Amendment, and no other PASPA provisions are severable from the provisions at issue. Dissenting opinion by Justice Alito.). The Court held that the District Court’s denial of petitioner’s request for funding for “reasonably necessary” services of experts, investigators, etc., to develop his claim that both his trial and state habeas counsel were ineffective was a judicial decision subject to appellate review under the standard jurisdictional provisions; the Fifth Circuit did not apply the correct legal standard in affirming the denial of that request. The defendants do not qualify for sentence reductions under 18 U.S.C. Decision is available at https://www.supremecourt.gov/opinions/17pdf/17-21_p8k0.pdf, Koons v. United States, (9-0 Opinion by Justice Alito on June 4, 2018.). Justice Thomas, joined by Justice Gorsuch, filed a concurring opinion. Justice Thomas filed a dissenting opinion. Justice Thomas, joined by Justice Alito, filed a dissenting opinion.). Decision is available here: https://www.supremecourt.gov/opinions/19pdf/18-1432_e2pg.pdf, Banister v. Davis, (7-2 Opinion by Justice Kagan, joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, Gorsuch and Kavanaugh on June 1, 2020. Justice Sotomayor filed a dissenting opinion in which Justices Breyer, Kagan and Gorsuch joined). The Court held the Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions. [14] Justice Thomas wrote an opinion concurring in the judgment that protection from excessive fines is incorporated, but did not accept that the Due Process clause was the right constitutional reason for this but generally as part of Privileges or Immunities Clause defined by the Fourteenth Amendment. The U.S. Supreme Court will determine whether his conviction will stand. Justice Gorsuch filed a concurring opinion. The Court held that the Immigration Reform and Control Act of 1986, 8 U. S. C. §1324a does not expressly or by implication preempt a state prosecution for identity theft for using someone else’s Social Security number to obtain employment. obstruct[ing] or imped[ing], or endeavor[ing] to obstruct or impede, the due administration of [the Internal Revenue Code]”—the Government must prove the defendant was aware of a pending tax-related proceeding, such as a particular investigation or audit, or could reasonably foresee that such a proceeding would commence. Decision is available at https: https://casetext.com/case/quarles-v-united-states-3. Laddy Decision is available here, Bucklew v. Precythe, (5-4 Opinion by Justice Gorsuch, joined by Chief Justice Roberts and Justices Thomas, Alito and Kavanaugh on April 1, 2019. View Furman V GA 8th Amendment Supreme Court Case.docx from PLS 200 at Georgia Military College. Summary: The Court affirmed the Court of Appeals for the Eleventh Circuit. Lomax v. Ortiz-Marquez, (Opinion by Justice Kagan, joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Alito, Sotomayor, Gorsuch and Kavanaugh; Justice Thomas joined to all but footnote 4. Summary:  The Court reversed and remanded the judgment of the Ninth Circuit. Justice Ginsburg filed a dissenting opinion, joined by Justices Breyer, Sotomayor and Kagan.). The Court declines to overturn the longstanding "dual sovereignty" doctrine, which allows two sovereigns -- for example, state and local governments -- to prosecute someone for the same conduct. Since its ratification, the United States Supreme Court has followed the doctrine of incorporation: generally, all Constitutional rights must also be respected at state and local levels across a range of those rights, with the last such ruling on the topic of incorporation made in McDonald v. City of Chicago (2010), relating to the Second Amendment. Quick updates on current Supreme Court cases and links to decisions. Decision is available here. Justice Gorsuch filed a concurring opinion). The Court held that Andrus had sufficiently demonstrated that his trial counsel was deficient under Strickland v. Washington, and that the lower court must determine whether Andrus was prejudiced by the inadequacy of counsel. Summary: The Court reversed and remanded the Court of Appeals for the Fifth Circuit. Decision is available at https: https://casetext.com/case/mcdonough-v-smith-5, Gamble v. United States, (7-2 Opinion by Justice Alito, joined by Chief Justice Roberts, Justices Thomas, Breyer, Sotomayor, Kagan and Kavanaugh on June 17, 2019. Justice Thomas filed a concurring opinion. Justice Kagan, joined by Justice Ginsburg, filed a concurring opinion. Summary: The Court reversed and remanded the Supreme Court of Kansas. Among those filing amicus briefs in support of Timbs included the American Civil Liberties Union, the NAACP Legal Defense and Educational Fund, the National Association of Criminal Defense Lawyers, Judicial Watch, and Pacific Legal Foundation. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Kavanaugh, joined by Justices Thomas and Alito, filed a dissenting opinion, and in which Chief Justice Roberts joined as to all except for Part II-C). Summary: The Court affirmed the Fifth Circuit Court of Appeals. Decision is available at https://www.supremecourt.gov/opinions/18pdf/17-7505_2d9g.pdf, Moore v. Texas (6-3 Per Curiam Opinion on February 19, 2019. Justice Gorsuch filed a dissenting opinion in which Justices Thomas and Alito joined.). The Court held that the three-strikes provision established under 28 U. S. C. §1915(g), part of the Prison Litigation Reform Act of 1995 (PLRA), refers to any dismissal for failure to state a claim, whether with prejudice or without. Rosales-Mireles v. United States, (7-2 Opinion by Justice Sotomayor, joined by Justices Roberts, Kennedy, Ginsburg, Breyer, Kagan and Gorsuch on June 18, 2018. The U.S. Supreme Court delivered a win Wednesday to a former heroin addict who argued that Indiana’s seizure of his $42,000 Land Rover amounted to an excessive fine for a drug conviction. Decision is available at https://www.supremecourt.gov/opinions/19pdf/18-1109_5i36.pdf. The Court held wiretap orders authorized by a judge for the federal district of Kansas in the government’s investigation of a suspected Kansas drug distribution ring were not facially insufficient, since they were not lacking any information that the wiretap statute required them to include and since the challenged language authorizing interception outside the court’s territorial jurisdiction was surplus. Justice Breyer filed an opinion concurring in part and dissenting in part. The US Supreme Court on Monday declined to reinstate a District Court order requiring Texas prison officials to enact basic safety precautions for the coronavirus. (credit: Jail) On Monday, the Supreme Court ruled in Montgomery v.Louisiana, one of two cases heard in October that involve the Eighth Amendment.. Justice Anthony Kennedy wrote the majority opinion that reversed the lower court’s judgment, and was joined by Chief Justice John Roberts along with Justices Ruth Bader Ginsberg, Stephen Breyer, Sonia Sotomayor and … Summary: The Court affirmed the Supreme Court of Kansas. [16], National Association of Criminal Defense Lawyers, "Business, Progressives Unite at Supreme Court Against Big Fines", "He Sold Drugs for $225. U.S. v. Salerno (1987) In 1986, Anthony “Fat Tony” Salerno, a high-ranking figure in the New … Decision is available at: https://www.supremecourt.gov/opinions/17pdf/17-43_m648.pdf, Sessions v. Dimaya, (Opinion by Justice Kagan on April 17, 2018. Justice Gorsuch filed a dissenting opinion). Eighth Amendment claim that the Court addresses (placing and keeping him in filthy cells) and a related Eighth Amendment claim (refusing to take him to a toilet). Jones v. Mississippi, (5-3 Opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Alito, Gorsuch and Barrett on April 22, 2021. The Court held that Title 18 U.S.C. Chief Justice Roberts filed a dissenting opinion, in which Justices Kennedy, Thomas, and Alito joined. Supreme Court says states can’t impose excessive fines, and delivers a win to former heroin addict in pivotal ruling – TIMBS v. INDIANA. The Supreme Court forbade capital punishment for rape of an adult woman in Coker v. Summary: The Court vacated and remanded the Court of Appeals for the Tenth Circuit. Summary: The Court affirmed the Tenth Circuit Court of Appeals. Justice Thomas filed a dissenting opinion.). [16] Ginsburg's opinion did suggest that the seizure of Timbs' Land Rover was disproportionate to the crime, but this was to be resolved by the lower court. [12][13], The Court issued its decision on February 20, 2019, unanimously stating that the Eighth Amendment's protection from excessive fines was incorporated against the states. The Court held that courts can review an immigrant’s factual challenge to a denial of their application to stay conviction-based deportation under the Convention Against Torture. Justice Alito filed a concurring opinion. Decision is available at https://www.supremecourt.gov/opinions/17pdf/16-9493_e0fi.pdf, Chavez-Meza v. United States, (5-3 Opinion by Justice Breyer, joined by Justices Roberts, Thomas, Ginsburg, and Alito on June 18, 2018. [14][20] There is also speculation by supporters of criminal justice reform that the decision may affect the use of confiscation of driver's licenses to compel payment of fines and fees, as well as imprisoning those unable to pay bail or fines for otherwise minor crimes. Decision is available at https:  https://casetext.com/case/gundy-v-united-states-3. Such cases thus starkly showcase the divergent views on the Eighth Amendment – and a nine-Justice Court is not different in this regard from much of America. . Justice Sotomayor filed a concurring opinion in which Justice Ginsburg joined.). Decision is available at https: https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf, Stokeling v. United States, (5-4 Opinion by Justice Thomas, joined by Justices Breyer, Alito, Gorsuch, and Kavanaugh on January 15, 2019. Timbs' case was reheard by the Grant County Court, which on April 27, 2020 ruled in Timbs' favor based on the Supreme Court's ruling related to the Eighth Amendment, that seizure of the Land Rover was an excessive fine, and ordered the Land Rover returned to Timbs. By Maggie Wittlin, JD, and Marc W. Pearce, JD, PhD Date created: March 1, 2020 3 min read. The Court held that “a federal habeas court reviewing an unexplained state-court decision on the merits should ‘look through’ that decision to the last related state-court decision that provides a relevant rationale and presume that the unexplained decision adopted the same reasoning. The Court held that land in Northeastern Oklahoma reserved for the Creek Nation since the 19th century remains “Indian country” for purposes of the Major Crimes Act, which places certain crimes under federal jurisdiction if they were committed by “[a]ny Indian” within “the Indian country.” 18 U. S. C. §1153(a). March 21, 2018 I, II, and justice Thomas filed a with! ( 9-0 opinion by justice Thomas, joined by Justices Thomas and Gorsuch ). Inmates at the time of arrest received bipartisan support: March 1 2020! Challenge was denied by an Ohio federal District Court and upheld by the Supreme Court Appeals! 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