Live blog of orders and opinions | May 14, 2018
This live blog features discussion of two cases granted today for oral argument next term -- BNSF Railway Company v. Loos and Air and Liquid Systems Corp. v. Devries. This live blog also features discussion of the opinions in five argued cases that were released today -- Murphy v. National Collegiate Athletic Association, Dahda v. United States, McCoy v. Louisiana, Byrd v. United States and United States v. Sanchez-Gomez.
3rd & 7 37yd
3rd & 7 37yd
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"Guaranteeing a defendant the right 'to have the ASSISTANCE of Counsel for HIS defence,' the Sixth Amendment so demands. With individual liberty--and, in capital cases, life-- at stake, it is the defendant's prerogative, not counsel's, to decide on the objective of his defense: to admit guilt in the hope of gaining mercy at the sentencing stage, or to maintain his innocence, leaving it to the State to prove his guilt beyond a reasonable doubt."
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This was a case in which a New Jersey man was driving the car that his girlfriend/fiancee had rented and had not listed him on the rental agreement. He was pulled over and police found body armor and 49 bricks of heroin in their search. The government had argued that he had no expectation of privacy because he was not on the rental agreement.
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This was a case in which 4 criminal defendants objected to being bound by full restraints during pretrial proceedings, but the district court denied relief. The Ninth Circuit ruled that the use of restraints was unconstitutional, even though each of the cases had ended before it ruled. The question was whether the appeals were moot, either because the defendants sought "class-like" relief or because the scenario could repeat itself.
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Court concludes: "None of this is to say that those who wish to challenge the use of full physical restraints in the Southern District lack any avenue for relief. In the course of this litigation the parties have touched upon several options. Because we hold this case moot, we take no position on the question."
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And that is all for today. I am going to get to work on my four posts for today, but hopefully some of the others will stick around. I would expect to be back here next Monday for more opinions, although we don't know yet for sure. Thanks for joining, and have a great day!