The Supreme Court released opinions in Herring v. US (opinion) and Oregon v. Ice (opinion).

In Herring, the Court ruled, 5-4, that isolated incidents of negligence are enough to trigger the exclusionary rule and, perhaps more importantly, ‘unreasonableness’ does not necessary trigger the exclusion of evidence. Chief Justice Roberts authored the majority opinion and was joined by Justices Scalia, Thomas, Kennedy and Alito. Justice Ginsburg filed a dissenting opinion that was joined by Justices Stevens, Souter, and Breyer. Justice Breyer also filed a dissenting opinion and it was was joined by only Justice Souter. I wrote about case last year (here).

In Oregon, the Court held, 5-4, that states may grant judges certain fact-finding responsibilities in issuing consecutive prison sentences. The judge in this case had to determine whether or not “separate harms” when he raped and assaulted a women in separate instances and, if so, he would be eligible for consecutive sentences. Justice Ginsburg authored the majority opinion and was joined by Justices Stevens, Kennedy, Breyer, and Alito. Justice Scalia authored a dissent that was joined by the Chief Justice and Justices Souter and Thomas.

I’ve updated the Term Index to reflect the opinions from this week. You can find a link towards the top of the page or here.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • PDF Packs for the Past Decade: I've been pillaging the Supreme Court's website in search of PDFs that I can archive for future reference. Using the Court's website and the...
  • A Classic Oral Argument Passage: Today's New York Times article about Paul Clement, "Lawyer Opposing Health Law is Familiar Face to the Justices", reminds me of an interesti...
  • Advocate Scorecard for OT 09: I finished this a while ago but neglected to post it until now. Whoops? Anyways, here is the OT 09 advocate scorecard with win/loss record. ...
  • Early OT09 Stats: I've finally finished the first edition of my OT09 statistics. First, the links: Term Index and Term Opinion Breakdown. Honestly, the nam...
  • Chief Justice Roberts and Unanimous Decisions: When he was nominated to the Supreme Court, Chief Justice Roberts mentioned that one of his main objectives as chief justice would be to cre...