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Posts filtered by tags: Terry[x]


 

Noting how carceral craziness and foolhardy finality fixations result in cases like Tarahrick Terry's

As highlighted in this post following this past week's SCOTUS oral argument, the questions from the Justices strongly suggest that the Supreme Court will soon rule that Tarahrick Terry is not entitled to seek a resentencing under the FIRST STEP Act provision making the Fair Sentencing Act retroactive.  Over at SCOTUSblog, Ekow Yankah has this effective review of the Terry argument which spotlights a portion I found especially notable toward the end: One dissonant note came late in the morning, ...
Tags: Texas, Supreme Court, Law, Congress, Fsa, US, United States, Terry, Bias, Doj, Justice Department, Booker, Dorsey, Kavanaugh, Len Bias, USSC


Justices voice skepticism about retroactive sentencing reductions for low-level crack-cocaine offenders

On Tuesday, the Supreme Court heard its last case of the term. The case, Terry v. United States, about sentencing reductions for certain offenses involving crack cocaine, comes just a few months before the petitioner, Tarahrick Terry, is scheduled to be released after serving 13 years in prison. But the court’s eventual decision will likely affect hundreds of similarly situated defendants languishing behind bars. It will resolve a circuit split, determine the scope of a decades-long push to ena...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Terry, Bias, Dorsey, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, U S Court of Appeals, Sotomayor


SCOTUS argument in Terry suggests low-level crack defendant unlikely to secure resentencing based on FSA retroactivity

On Tuesday morning, the Supreme Court heard oral argument in Terry v. United States, and the full oral argument is available here via C-SPAN.  The full argument runs nearly 90 minutes and the quality of the advocacy makes it worth the full listen.  But one can get a much quicker flavor of the tenor of the discussion from just a scan of the headlines of these press accounts of the argument: From the AP, "Supreme Court skeptical of low-level crack offender’s case" From Bloomberg Law, "Biden Switch...
Tags: Supreme Court, Law, US, United States, Terry, Trump, Douglas A Berman, Reuters U S Supreme Court, Terry Terry, AP Supreme Court, Tarahrick Terry, Bloomberg Law Biden, From USA Today Supreme Court, From the Washington Post Supreme Court


Terry v. US, the final SCOTUS argument of Term, provides yet another reminder of the persistent trauma and drama created by the 100-1 crack ratio

It was 35 years ago, amid intense media coverage of a "crack epidemic" and the overdose death of basketball star Len Bias, when Congress passed the Anti-Drug Abuse Act of 1986 with the 100-to-1 powder/crack cocaine quantity ratio defining severe mandatory minimum sentencing terms.  As the US Sentencing Commission explained in this 1995 report, Congress "dispensed with much of the typical deliberative legislative process, including committee hearings," when enacting this law, and "the abbreviated...
Tags: Supreme Court, Law, Congress, US, United States, Kardashian, Biden, Terry, U S Supreme Court, Christian Science Monitor, Len Bias, Douglas A Berman, US Sentencing Commission, Ekow Yankah, Henry Gass, Tarahrick Terry


In final case the court will hear this term, profound issues of race, incarceration and the war on drugs

Academics naturally believe that even obscure cases in their field are underappreciated; each minor tax or bankruptcy case quietly frames profound issues of justice. But, doubtful readers, rest assured that Terry v. United States – which the Supreme Court will hear on Tuesday in the final argument of its 2020-21 term – packs so many swirling issues of great importance into an absurdly little case, it can hardly be believed. The national debate on historical racism in our criminal punishment sys...
Tags: Florida, Featured, Supreme Court, Law, Congress, White House, Barack Obama, United States, Aclu, Kardashian, Biden, Donald Trump, Terry, Justice Department, Jared, Trump


The “great chief” and the “super chief”: A final showdown in Supreme Court March Madness

Forget Ali vs. Frazier, Celtics vs. Lakers, or Evert vs. Navratilova. It’s time for Marshall vs. Warren. After three rounds of the first-ever SCOTUS bracketology tournament, only two justices remain. Both held the title of chief justice. Both reshaped American law and society. Both are legal titans who defeated a string of worthy contenders to reach the championship. But only one can be chosen by SCOTUSblog readers as the greatest justice in the court’s history. To see how we got here, you ca...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Virginia, New York Times, Connecticut, Arizona, Warren, Ohio, Miranda, Harry Truman, Terry, Madison, Baker


Notable Seventh Circuit panel finds insufficient explanation for revoking supervised release for missed drug test and assessments

Late last week, a Seventh Circuit panel handed down an interesting and seemingly important ruling in US v. Jordan, No. 19-2970 (7th Cir. Mar. 18, 2021) (available here). The 10-page unanimous ruling should be of interest to all federal sentencing fans because the ruling gives some teeth to "the parsimony principle of 18 U.S.C. § 3553(a)," but it also ought to be of interest to any other criminal justice fans concerned about drug policy and about how community supervision and revocations can unde...
Tags: Supreme Court, Law, US, Georgia, United States, Jordan, Johnson, Terry, Thomas, Spencer, Cupp, Hollins, Bearden, Anthony Jordan, Seventh Circuit, Douglas A Berman


SCOTUS appoints counsel (and delays argument) after new government position on crack sentencing retroactivity issue in Terry

As noted in this prior post, earlier this week the Acting Solicitor General informed the US Supreme Court that the government had a new (pro-defendant) position in Terry v. United States, No. 20-5904, the SCOTUS case concerning which crack offenders have a so-called "covered offense" under Section 404 of the FIRST STEP Act to allow for their retroactive resentencing.  The Supreme Court yesterday responding via this order in the Terry case: The case is removed from the calendar for the April 202...
Tags: Supreme Court, Law, Scotus, Court, United States, Terry, US supreme court, Chicago Illinois, Douglas A Berman, Adam K Mortara Esquire, Acting SG


Small, and not quite steady, reform progress in a not quite new era for criminal justice reform

An interesting set of new press pieces highlight ways in which the criminal justice times seem to be a-changing during the Biden era, but not yet quite as much or as fast as lots of advocates might be hoping or expecting.  Here they are with a brief excerpt: From BuzzFeed News, "COVID-19 Has Torn Through Prisons. Advocates Want Biden To Act Now" Nearly all of the groups who spoke with BuzzFeed News said that they’ve participated in briefings and have had conversations with White House staff to ...
Tags: Supreme Court, Law, Congress, Senate, White House, House, Biden, Vox, Terry, Justice Department, Grassley, BuzzFeed News, Durbin, Sen Chuck Grassley, Sen Dick Durbin, Douglas A Berman


Acting SG tells SCOTUS that new administration now supports broad application of crack retroactivity provision of FIRST STEP Act in Terry

Earlier this year, the Supreme Court granted cert in Terry v. United States, No. 20-5904, which concerns which crack offenders have a so-called "covered offense" under Section 404 of the First Step Act to allow for their retroactive resentencing.  Today, thanks to a heads up from a helpful colleague, I learned that the Acting Solicitor General sent this important short letter to the Supreme Court concerning the government's position in the Terry case.  Here are the key passages: In its brief in...
Tags: Supreme Court, Law, Scotus, Court, United States, Department Of Justice, Terry, Justice Department, Federal Bureau of Prisons, SG, Douglas A Berman


Federal defendant in Terry with many notable friends urging broad application of crack retroactivity provision of FIRST STEP Act

As reported in this new Law360 piece, headlined "First Step Act's Authors Tell Justices Courts Are Misreading It," the First Step Act case currently on the  SCOTUS docket, Terry v. United States, No. 20-5904, and generated some notable amicus briefing.  Here are excerpts from this article: The senators who wrote the First Step Act of 2018 have told the Supreme Court that they did not intend to exclude low-level crack offenders from the law's sentencing relief, contrary to the findings of some c...
Tags: Utah, Supreme Court, Law, Congress, Joe Biden, United States, Dc, Donald Trump, Terry, Mike Lee, Justice Department, NACDL, Eleventh Circuit, Constitutional Accountability Center, ACLU NAACP, Rutherford Institute


Reviewing the still uncertain state, and the still certain need, for effective federal crack retroactivity resentencing

I have not been able to keep up with all of the jurisprudential ups and downs that have followed the FIRST STEP Act finally making retroactive key parts of the Fair Sentencing Act for federal crack offenders.  Thus, I am quite grateful that a recent email discussion with various lawyers led to Assistant Federal Defenders Johanes Maliza and Thomas Drysdale drafting this extended guest post to catch us all up on some critical cases and issues in this arena: The sentencing excesses that Congress a...
Tags: Supreme Court, Law, Congress, Court, United States, Illinois, Terry, United, Jones, The Supreme Court, Bates, Tenth Circuit, Seventh Circuit, Central Illinois, Douglas A Berman, Johanes Maliza


SCOTUS grants cert on four new criminal cases, including one on FIRST STEP Act retroactivity of reduced crack sentences

The Supreme Court last night issued this order list which grants review in 14 new cases that will be heard later this SCOTUS Term.  Four of the cases involve criminal issues, and one is a sentencing case concerning the reach and application of the FIRST STEP Act's provisions making the reduced crack sentences of the Fair Sentencing Act retroactive.  This SCOTUSblog post has a lot more about the sentencing case and a brief review of the others: In Terry v. United States, the justices agreed to w...
Tags: Supreme Court, Law, Congress, United States, Terry, NACDL, Greer, Douglas A Berman, National Association of Criminal Defense Lawyers, Palomar Santiago


Justices grant review in 14 new cases but don’t act on hot-button issues

The Supreme Court took a big step on Friday night toward filling up its merits docket for the rest of the 2020-21 term, granting review in 14 new cases for a total of 12 hours of argument. The justices will weigh in on the First Amendment rights of students and charitable organizations, as well as sentencing reductions for inmates serving time for small amounts of crack cocaine. Perhaps just as notably, the justices did not act on several high-profile petitions that they considered at Friday’s c...
Tags: Twitter, Featured, Mississippi, Supreme Court, Law, Congress, Navy, California, Pennsylvania, United States, Boston Marathon, Nevada, Donald Trump, Terry, San Antonio, Dzhokhar Tsarnaev


Petitions of the week: Four petitions that test the limits on lawsuits against the government

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. Three of the petitions involve women seeking redress from counties and the military for their role in creating conditions that allowed them to suffer sexual and physical assaults. Broadly speaking, sovereign immunity protects states from suit. However, in 1908’s Ex parte Young, the Supre...
Tags: Texas, Featured, Supreme Court, Law, West Point, Congress, United States, New Jersey, Ohio, Ada, Terry, DOE, Young, Murphy, Robinson, U S Court of Appeals


Symposium: Sifting for clues in Barrett’s criminal law opinions

This article is part of a symposium on the jurisprudence of Supreme Court nominee Amy Coney Barrett. Evan Lee is a professor of law emeritus at UC Hastings College of the Law in San Francisco. Of the 21 criminal law opinions Judge Amy Coney Barrett has published while on the U.S. Court of Appeals for the 7th Circuit, seven were in favor of the defendant and 14 in favor of the government. It’s a small body of work, suggesting caution about drawing broad conclusions. Still, these opinions contain ...
Tags: Featured, Supreme Court, Law, San Francisco, Fbi, United States, Watson, Terry, Antonin Scalia, Senate Judiciary Committee, Moody, Barrett, U S Court of Appeals, 7th Circuit, UC Hastings College, Barr


Another accounting of Justice Ginsburg's criminal justice legacy

I receive via email from Arizona State College of Law's Academy for Justice a terrific review (with links) of some of Justice Ruth Bader Ginsburg major work in criminal justice cases during her tenure on the Court, as well as some leading scholarship discussing this work. I got permission to reprint this collection here, so: Some of Justice Ginsburg's Criminal Justice Opinions : Timbs v. Indiana, 586 U.S. ___ (2019) (Excessive Fines Clause) Perry v. New Hampshire, 565 U.S. 228 (2012) (eyewitne...
Tags: Florida, Law, Alabama, Indiana, United States, New Hampshire, Arizona, New Mexico, Ruth Bader Ginsburg, Terry, Miller, Thomas, Perry, Ginsburg, Chandler, Shelton


"He would say to me, 'I am taking the inner life very seriously.' And I think that's why it resonates so deeply to us. It wasn't an act. This was a devotional investigation into wherever he found himself."

Said Adam Cohen, quoted in "Posthumous Leonard Cohen album offers apt final waltz" (Yahoo). [Leonard Cohen's son Adam] assembled a number of star musicians including Spanish guitarist Javier Mas, Daniel Lanois and Jennifer Warnes -- one of Cohen's collaborators and many flames -- to compose sparse but warm instrumentals to accompany Cohen's rich baritone timbre. The likes of artists Beck, Feist and Damien Rice also lent their talents to the new album...."It was nothing, it was business / But it ...
Tags: Law, Terry, Leonard Cohen, Cohen, Adam, Leonard, Terry Gross, Adam Cohen, Damien Rice, Ann Althouse, Jennifer Warnes, Javier Mas Daniel Lanois, Beck Feist


Kentucky State Police Accidentally Fire Rifle Into Apartment, Don’t Even Visit To See If Occupants Are Okay

News from Kentucky. LA GRANGE, Ky. (WAVE/WYMT) –  A bullet fired into a Western Kentucky apartment came from state troopers living upstairs, police said. Oldham County Sheriff’s deputies were dispatched to an apartment in the 1000 block of Fredrick Lane in the Oldham Oaks complex Saturday evening. According to the police report, the 911 caller reported the shot was fired into the ceiling of his apartment just feet from where his daughter was sitting. No one was injured. “I was like covering up ...
Tags: Gross, Kentucky, Police, Military, Terry, Kay, Ke, Kentucky State Police, Western Kentucky, Oldham County, Kentucky LA, Fredrick Lane, Oldham Oaks, Todd Kay, Beverly Todd, Landon Terry


Relist Watch

John Elwood hastily reviews Monday’s relists. This week’s excuse for a short post requires just two words: Amtrak WiFi. Finding that one link took me from Baltimore to Wilmington. But at least I only had to reconnect 47 times. Last week, the Supreme Court took two serially rescheduled cases, both involving the intersection of the First Amendment and climate change, and relisted them. This week, two of the three new relists are again serially rescheduled cases. One asks the court to revisit its s...
Tags: Texas, Featured, Supreme Court, Law, Washington, United States, Arkansas, Alaska, Pope, Carney, Louisiana, Oklahoma, Baltimore, Terry, Amtrak, Thompson


Relist Watch

John Elwood reviews Monday’s relists, after a fashion. The work crunch at my day job, so another, uh, … succinct installment today. Two noteworthy changes this week. First, on the abortion front, the Indiana ultrasound case, Box v. Planned Parenthood of Indiana and Kentucky, Inc., 18-1019, is no longer being relisted and it appears the court is holding it for the Louisiana admitting-privileges case, June Medical Services LLC v. Gee. Second, we have one new relist: Liu v. Securities and Exchange...
Tags: Featured, Supreme Court, Law, Congress, Planned Parenthood, Indiana, United States, Arkansas, SEC, Pope, Louisiana, Oklahoma, Sam, Terry, Securities And Exchange Commission, PAUL


Argument preview: Can the police stop a vehicle because its registered owner’s license has been suspended or revoked?

Next Monday, November 4, the Supreme Court will hear argument in a case that asks whether it is reasonable to suspect that the registered owner of a vehicle is currently its driver. In Kansas v. Glover, the state of Kansas warns of a serious threat to public safety should the judgment of the Kansas Supreme Court be affirmed, while the driver, Charles Glover, warns of dangerous police discretion if it is reversed. The parties have stipulated to the following facts. While on routine morning patrol...
Tags: Featured, Supreme Court, Law, America, Kansas, Ohio, Terry, Kansas Supreme Court, Glover, Goldstein Russell, Merits Cases, Lawrence Kansas, U S Supreme Court Kansas, Charles Glover, Mark Mehrer, Mehrer


The return of Relist Watch Select

John Elwood reviews Tuesday’s relists … barely. Because the press of business is especially pressing right now, this week we’ll once again be favoring our readership with the affordable of Relist Watch Select.TM That means you’re on your own if you’d like to figure out which of last week’s relists aren’t returning (answer: most of them), or would like to know more about the smattering of interesting new additions. Let me note only that the court has released a couple of cases it has been holdi...
Tags: Featured, Law, Indiana, United States, Arkansas, Pope, Oklahoma, Department Of Homeland Security, Terry, PAUL, U S Court of Appeals, Humphrey, Caldwell, Lomax, Consumer Financial Protection Bureau, Barr


Relist Watch

John Elwood reviews first Monday’s relists. The beginning of October Term 2019 finds the Supreme Court once again mired in controversy about basic workplace protections. While the world may be losing its collective mind about important issues, I get to focus on the calming mundanity of compiling relists for the ninth straight term — beginning in such a distant past that I hyphenated the then-unfamiliar term “Re-list.” We have a dozen relists out of the long conference — down from last year’s 17 ...
Tags: Featured, Maryland, Supreme Court, Law, Planned Parenthood, Stanford, Court, Indiana, United States, Malaysia, Arkansas, Sharp, Pope, Oklahoma, Johnson, Department Of Homeland Security


It’s Justice Kavanaugh

So tonight Trump made his selection known.  It’s Judge Brett Kavanaugh.  I’m sure there will be much more to come on this, but here are some initial thoughts. Jacob Sullum at Reason did a very good expose on him, and finds that he is supportive of second amendment rights, but not so much for the fourth amendment. Kavanaugh seems to take a narrower view of Fourth Amendment rights. In 2010 he dissented from the D.C. Circuit’s decision not to rehear a case in which a three-judge panel had ruled t...
Tags: Supreme Court, Military, Ohio, Terry, Second Amendment, Trump, Don, Roberts, D C Circuit, Alito, Kavanaugh, GCA, NFA, Askew, Jacob Sullum, Paul Askew


In 1968, the Supreme Court gutted the Fourth Amendment, certain that it would all work out in the end. It didn't.

In 1968, the Supremes ruled in Terry v. Ohio that the police did not need "probable cause" to stop a person, it was sufficient that they have "reasonable suspicion." (more…)
Tags: Post, News, Supreme Court, Law, Scotus, Race, Ohio, Cleveland, Terry, Supremes, 4a, Walking While Back


Gunshot Wound Covered When Not Expected or Intended

    The court reversed the trial court, finding there was an occurrence when injury occurred from a gun wound resulting from a fight.  Erie Ins. Exh. v. Moore , 2017 Pa. Super. LEXIS 957 (Pa. Super. Ct. Nov. 22, 2017).      Harold McCutcheon went to the home of his former wife, Terry McCutcheon, killed her, and committed suicide. Before her death, Terry called her boyfriend, Richard Carly. As they were talking the line went dead. Carly was concerned and drove to Terry's house. There, he was conf...
Tags: Insurance, Terry, McCutcheon, Carly, Moore, Erie, Carley, Duty to Defend, Tred Eyerly, Occurrence, Erie Ins Exh, Harold McCutcheon, Terry McCutcheon, Richard Carly, McCutcheon Estate Cross


Gun Shot Wound Covered When Not Expected or Intended

    The court reversed the trial court, finding there was an occurrence when injury occurred from a gun wound resulting from a fight.  Erie Ins. Exh. v. Moore , 2017 Pa. Super. LEXIS 957 (Pa. Super. Ct. Nov. 22, 2017).      Harold McCutcheon went to the home of his former wife, Terry McCutcheon, killed her, and committed suicide. Before her death, Terry called her boyfriend, Richard Carly. As they were talking the line went dead. Carly was concerned and drove to Terry's house. There, he was conf...
Tags: Insurance, Terry, McCutcheon, Carly, Moore, Erie, Carley, Duty to Defend, Tred Eyerly, Occurrence, Erie Ins Exh, Harold McCutcheon, Terry McCutcheon, Richard Carly, McCutcheon Estate Cross


Ask the author: Justice Robert Jackson’s revealing thoughts and unpublished opinion in Brown v. Board of Education

The following is a series of questions posed by Ronald Collins on the occasion of the publication of David M. O’Brien’s  “Justice Robert H. Jackson’s Unpublished Opinion in Brown v. Board” (University Press of Kansas, 2017, pp. 220). David O’Brien is the Leone Reaves and George W. Spicer Professor at the University of Virginia. He was a judicial fellow and research associate at the U.S. Supreme Court. O’Brien is the author of numerous books and over 100 articles, including “Storm Center: The Su...
Tags: Featured, Justice, Supreme Court, Law, Congress, Washington, Virginia, Court, Book Reviews, Chicago, David, Ferguson, Jackson, Oklahoma, District Of Columbia, Library Of Congress


Petition of the day

The petition of the day is: Robinson v. United States 16-1532 Issue: Whether, or under what circumstances, in a state that permits residents to legally carry firearms while in public, an officer’s belief that a person is armed allows the officers to infer for purposes of a Terry v. Ohio search that the person is “presently dangerous.” The post Petition of the day appeared first on SCOTUSblog.
Tags: Law, United States, Ohio, Terry, Robinson, Cases in the Pipeline



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