ABA Journal

Sixth Amendment

34 ABA Journal Sixth Amendment articles.

Chemerinsky: Precedent seems to matter little in the Roberts Court

How much weight does the Roberts Court give to precedent? This is the crucial underlying question now that the U.S. Supreme Court has granted review in Dobbs v. Jackson Women’s Health Organization, which puts the fate of Roe v. Wade before the justices. The case concerns a Mississippi law that prohibits abortions after the 15th week of pregnancy.

Divided federal appeals court affirms ruling against former state justice regarding juror’s Twitter use

An en banc federal appeals court split 6-6 Thursday in an appeal by a former West Virginia Supreme Court justice who was seeking a hearing on a juror’s Twitter use during his fraud trial.

Requirement for jury unanimity in serious cases isn’t retroactive, Supreme Court rules

The requirement for unanimous jury verdicts in serious criminal cases doesn’t apply retroactively to overturn final convictions on federal collateral review, the U.S. Supreme Court ruled Monday.

Removal of ‘Holy Spirit’ juror requires new trial for former lawmaker, en banc 11th Circuit rules

Former U.S. Rep. Corrine Brown of Florida is entitled to a new trial in an alleged charity scam because a federal judge removed a juror for his "Holy Spirit" remark, a federal appeals court ruled Thursday in a 7-4 en banc decision.

SCOTUS should hear case in which shackled defendant reenacted murder, with no defense objection, Sotomayor says

U.S. Supreme Court Justice Sonia Sotomayor dissented Monday when the high court refused to hear a case in which a shackled defendant reenacted a murder during his sentencing, with no objection from his defense lawyer.

Can opening-the-door evidence doctrine violate the confrontation clause? SCOTUS will decide

The U.S. Supreme Court on Monday agreed to decide whether trial testimony for a criminal defendant can open the door to rebuttal evidence that would otherwise be barred by the confrontation clause.

Evidence of jury racial bias in civil trial requires hearing, 6th Circuit says, citing ‘crackhead’ assumption

A federal trial court must hold a hearing to examine potential jury bias after one woman said jurors considered the Black plaintiff to be "a crackhead" and referred to his lawyers as the "Cosby Show," a federal appeals court has ruled.

Afternoon Briefs: Election lawyer referred for court discipline; public defender waiting list declared unconstitutional

Lawyer refers election lawyer for discipline

U.S. District Judge James Boasberg of the District of Columbia has referred a Minneapolis lawyer to a court grievance committee for possible discipline after…

Criminal defense lawyer challenges jury trial moratorium, argues cases can’t be paused indefinitely

A criminal defense lawyer has filed a speedy trial demand that challenges a federal court’s order suspending all jury trials until March 12.

Charges tossed against hammer-attack suspect after accuser refuses to testify without a mask

An Oregon judge dismissed charges against a suspect in a hammer attack Monday after his accuser refused to testify against him without a mask.

9th Circuit wrongly overturned death sentence, Supreme Court rules in summary decision

The U.S. Supreme Court on Monday summarily reversed a federal appeals court decision on behalf of a death-row inmate who claimed that his trial lawyer was ineffective.

Federal judge rules students have no right to civics education while warning of peril to democracy

A Rhode Island federal judge has ruled students in the state have no constitutional right to a civics education, even as he warned of a “deep flaw” in education priorities. Judge William Smith said they seem to recognize “American democracy is in peril.”

Former inmate’s suit says appointed lawyer was ineffective and unlicensed in this state

A former Washington inmate claims in a lawsuit that he pleaded guilty to two felony charges after getting bad advice from an appointed lawyer who wasn’t licensed in the state.

Defense lawyer who didn’t probe death-row client’s bad childhood was deficient, SCOTUS says

A defense lawyer who failed to investigate his capital client’s tumultuous childhood provided ineffective assistance of counsel, the U.S. Supreme Court held Monday.

Resuming criminal jury trials would be ‘reckless and irresponsible,’ NACDL says regarding COVID-19

Resuming criminal jury trials would be “reckless and irresponsible” given the risk of transmission of the new coronavirus and the burdens on defendants’ constitutional rights, the National Association of Criminal Defense Lawyers said in a report released Thursday.

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