Today is the day when the Justices arrive back at work to look through some 1900 cases that have piled up over the summer. It is difficult to know exactly what cases will be looked at by the Court but we do know a few. My question is whether this term can outdo the joy of last term with criminal cases?
Think about some of the cases the Supreme Court decided: Crawford (testimonial evidence and the excited utterance exception), Blakely (State Sentencing guidelines), Patan (Failure to give Miranda does not require suppression of physical fruits of suspect's unwarned but voluntary statements), Padilla (custodial material witness), and Hamdi (enemy combatant must be given a hearing within a reasonable time). I'm sure that I'm missing some other criminal law decisions from last term, but those are the huge ones. There are some HUGE decisions last term. Will that happen again this term? Here are some of the big criminal law cases the court will hear.
The court will hear Fanfan and Booker to determine whether the Blakeley decision will apply at the federal level.
In more of a First Amendment/Criminal Law hybrid the court will probably hear the relgious rights of prisoners in Bass v. Madison.
I can't recall the name of the immigration case but there is a BIA decision that the Supreme Court will decide concerning the factors the BIA looks at when deportation is at issue for a convicted immigrant.
Here are some of the other cases the court will consider that deal with criminal law in one way or another.
Brosseau v. Haugen. Qualified immunity for police officer who shot a fleeing felony suspect.
Castellano v. Fragozo. Whether a Section 1983 malicious prosecution claim can be brought based on a Fourth Amendment violation.
Bramwell v. Federal Bureau of Prisons. Whether a prisoner can sue under the Federal Tort Claims Act for inadvertent destruction of his eyeglasses.
Locke v. Farrakhan. Whether disenfranchisement of felons violates Voting Rights Act.
Mesa, Ariz. v. Petersen. Whether warrantless random drug testing of firefighters violates Fourth Amendment.
Death penalty case that I can't remember the name where the court will decide whether juveniles can be subject to the death penalty.
It looks like it should be a good term.
Monday, September 27, 2004
Criminal Law and the Supreme Court This Term
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