Category Archives: Criminal Law

In Depth: United States v. Microsoft

On Tuesday, February 27th, the Supreme Court will hear oral arguments in United States v. Microsoft Corporation, a case that has garnered worldwide attention. Amicus briefs have been filed by the European Commission on behalf of the European Union, the government of the United Kingdom, and multiple interest groups. The case centers around Microsoft’s web-based … Continue reading In Depth: United States v. Microsoft

In Depth: McCoy v. Louisiana

McCoy v. Louisiana is a capital case in which the defendant’s lawyer, Larry English, conceded that the defendant had killed his alleged victims in the hopes of avoiding a death sentence. The defendant, Robert McCoy, expressly and repeatedly objected to this strategy; he was very clear that he wanted to maintain his innocence. Shortlybefore trial, … Continue reading In Depth: McCoy v. Louisiana

The End of Miller’s Time?

By Michael Gentithes, Visiting Assistant Professor, Chicago-Kent College of Law. The smartphones we carry in our pockets radically simplify our lives, reducing hour-long tasks to seconds and eliminating the need to separately carry a camera, map, book, and audio player. But should they also enable the government to access months of records of everywhere someone … Continue reading The End of Miller’s Time?

This Day in Supreme Court History—June 13, 1966

On this day in 1966, the Supreme Court announced its decision in Miranda v. Arizona. In a decade filled with headline-making Supreme Court rulings, Miranda stood out. It became a favorite target of a conservative law-and-order campaign that helped get Richard Nixon elected president and transformed the politics of criminal justice. But as controversial as … Continue reading This Day in Supreme Court History—June 13, 1966

This Day in Supreme Court History—January 11, 2000

On this day in 2000, United States v. Morrison was argued in front of the Supreme Court. Morrison was a constitutional challenge to a section of the Violence Against Women Act of 1994 (VAWA) that provided a civil remedy for victims of gender-motivated violence by allowing them to sue for damages in federal court. The … Continue reading This Day in Supreme Court History—January 11, 2000

This Day In Supreme Court History—January 10, 1984

On this day in 1984, Strickland v. Washington was argued at the Supreme Court. This case considered what it meant for a criminal defendant to have the “effective assistance” of counsel, which the Court had previously ruled the Sixth Amendment required. David Washington waived his right to a jury trial and pleaded guilty to three … Continue reading This Day In Supreme Court History—January 10, 1984

Scalia, the Court, and the End of the Death Penalty

Justice Scalia made news last week for his remarks during an appearance at Rhodes College.  In addition to expressing in his characteristically blunt way his frustration with the Court’s same-sex marriage opinion from last term, he predicted that the Court was on its way to striking down the death penalty.  The prediction got a good … Continue reading Scalia, the Court, and the End of the Death Penalty

Riley v. California: Behind the Decision

On April 25, the Supreme Court held that police must obtain a warrant to search the digital contents of an arrestee’s phone. The unanimous ruling raised many interesting points, and so Professor Douglas Godfrey (IIT Chicago-Kent College of Law) sat down to explain the decision. The decision was for both Riley v. California and United States v. Wurie.