Criminal Law Blog

Chief Justice Roberts continued in relevant part: The Court reviewed the history of American gun laws extensively in Heller and Bruen. At common law people were barred from misusing weapons to harm or menace others. Such conduct was often addressed through ordinary...

The Court continued in relevant part: The right to keep and bear arms is among the “fundamental rights necessary to our system of ordered liberty.” McDonald v. Chicago, 561 2 U.S. 742, 778. That right, however, “is not unlimited,” District of Columbia v. Heller, 554...

On June 21, 2024, the United States Supreme Court decided the case of U.S. v. Rahimi. The principal issue before the Court concerned when a domestic violence restraining order is a basis to prohibit firearm possession. Chief Justice Roberts wrote for the 8-1 majority...

The 6-3 majority concluded with the following in relevant part: Diaz’s counterarguments are unpersuasive. She first argues that Agent Flood functionally stated an opinion about whether she knowingly transported drugs when he opined that most couriers know that they...

Justice Thomas continued in relevant part: Expert testimony that “most people” in a group have a particular mental state is not an opinion about “the defendant” and thus does not violate Rule 704(b). Federal Rule of Evidence 704(a) sets out a general rule that “an...

On June 20, 2024, the United States Supreme Court decided the case of Delilah Diaz v. United States. The principal issue concerned the admissibility of opinion evidence concerning “most people’s” mental state. Justice Thomas wrote for the 6-3 majority in relevant...

The 6-3 United States Supreme Court majority concluded with the following in relevant part: Brown also claims that his reading is required by United States v. Schooner Peggy, 1 Cranch 103, 110, which says that when the law changes while a case is in progress, the case...

Justice Alito continued in relevant part: Petitioners various other arguments are unpersuasive. Relying on the so-called reference canon, Jackson claims that ACCA “incorporates the schedules ‘as they exist whenever a question under ACCA arises.” Brief of Petitioner...

Justice Alito continued in relevant part: The Government’s interpretation would treat state offenses “involving a controlled substance (as defined in the CSA)” like those federal offenses “under the CSA.” Petitioners’ interpretations, by contrast, would treat those...

The Supreme Court majority continued in relevant part: Jackson’s presentence report identified several prior Florida convictions, including convictions in 1998 and 2004 for possession and distribution of cocaine. In 2015, the Federal Government amended the federal...