Howard Friedman reports on his blog, Religion Clause, that a cert. petition has been filed in Oliver v. Quarterman, a case revolving around whether or not a juror’s use of the bible constitutes grounds for a mistrial. Khristian Oliver claims that a juror member’s reading of the bible during a case represents an ‘external influence,’ [...]

The use footnotes has been a topic of quiet conversation around the judiciary for some time now. One group of Judges and practitioners (and an even larger percentage of students) find them to be burdensome and often unnecessary. Others think they serve as useful guides and make opinions more readable. Footnotes largely come in two [...]

On Monday the court denied review in Walker v. Georgia, a case revolving around the court’s proportionality standard applied to the death penalty. The court has long struggled to find an adequate means of countering racist bias within the capital system and there is little doubt that the issue will rear its ahead again in [...]

The Court last week decided to end months of speculation in Louisiana v. Kennedy when it struck down a motion for rehearing and simply issued a revised opinion. The move is not unprecedented but it is extremely unusual and done only in very specific circumstances. The modified opinion can be found here. Justice Kennedy wrote [...]

The state of Louisiana and attorneys for Patrick Kennedy have filed petitions arguing whether or not the Court should rehear the landmark death penalty case as a result of research oversight. The original petition for rehearing can be found here. You can find the Petitioner’s brief in opposition of rehearing here, the Respondent’s brief in [...]

The State of Louisiana filed for reharing in Louisiana v. Kennedy, the landmark death penalty case in which the Court held, 5-4, that capital crimes cannot Consitutionally include non-life ending crimes such as child rape. The state filed a petition for rehearing earlier this summer and since then the Federal Government has asked to join [...]

Justice Kennedy’s majority in Kennedy v. Louisiana is an interesting, albeit frustrating one. He sets out to splatter every argument he can against the wall in the hopes that at least a few will stick. Whether or not he succeeds is up to the reader and more importantly, future generations of Supreme Court Justices who [...]

The Supreme Court today handed down a series opinions on the penultimate day of the term. Major thanks should go to SCOTUSblog for getting these opinions online minutes after the Court announces them. I’ll eventually change the links to redirect to the Supreme Court’s website, but thanks go to SCOTUSblog for letting us read the [...]

The Supreme Court today issued an orders list and rejected eleven Baze claims. Justice Stevens wrote brief opinions (here and here) relating to two of the cases where he said: While I agree with the Court’s decision to deny certiorari in this case, it is appropriate to emphasize, as I have in the past, see, [...]

I’ve been thinking a lot about the Michael Richards death penalty case. Richard’s attorney’s had computer difficulties and despite notifying the proper authorities, the judge in charge, Judge Sharon ‘Killer’ Keller slammed the door on them and forced the execution to proceed. There are things that we can do. For years now, there has been [...]