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Boxscore
  • The following is an accounting of state and federal court decisions handed down over the past six years in which CJLF was a participant. Rulings favoring the CJLF positions are listed as wins, unfavorable rulings are losses, and rulings which have left the issue unsettled are draws. [View more cases~ see Boxscore from 1993-2000.]


Case Name Decision Date Outcome Issue

Kansas v. Ventris 4/29/09 Win Counsel: Jailhouse informant
Cone v. Bell 4/28/09 Loss Habeas corpus: Procedural default
Rivera v. Illinois 3/31/09 Draw Equal protection: Review of Batson claims
Philip Morris v. Williams 3/31/09 Draw Procedural default: Adequate state ground
Arizona v. Johnson 1/26/09 Win Search and seizure: frisk of passengers
Oregon v. Ice 1/14/09 Win Sentencing: Jury for consecutive
Hedgpeth v. Pulido 12/2/08 Win Harmless error: Standard of review
Bell v. Kelly 11/17/08 Win Habeas corpus: Deference standard
People v. Hernandez 8/27/08 Win Jury trial: Sentencing Factors
Indiana v. Edwards 6/19/08 Win Counsel: Competency for self-representation
Boumediene v. Bush / Al Odah 6/12/08 Loss Habeas corpus: Enemy detainees
People v. S.Ct. (Humberto S.) 5/12/08 Win Evidence: District Attorney and victim privacy
Baze v. Rees 4/16/08 Win Death penalty: Lethal injection
Medellin v. Texas 3/25/08 Win International law: Vienna Convention
Allen v. Siebert 11/5/07 Win Habeas corpus: Limitations, tolling
People v. Taylor 10/23/07 Loss Death penalty: New York law
United States v. Lujan 12/2/07 Win DNA Testing: Suspicionless searches
United States v. Meier 9/28/07 Win DNA Testing: Suspicionless searches
Getsy v. Mitchell 7/25/07 Win Habeas Corpus: Clearly established law
People v. Sandoval 7/19/07 Win Jury trial: Sentencing factors
Panetti v. Quarterman 6/28/07 Loss Death penalty: Competency for execution
Fry v. Pliler 6/11/07 Win Habeas corpus: Harmless error
Roper v. Weaver 5/21/07 Draw Due Process: Prosecutor argument
Schriro v. Landrigan 5/14/07 Win Death penalty
Smith v. Texas 4/25/07 Loss Death penalty: Jury instructions
Irons v. Carey 3/06/07 Win Habeas corpus: Constitutionality of 2254(d)(1)
Whorton v. Bockting 2/28/07 Win Habeas corpus: Retro. of Crawford
Burton v. Stewart 1/9/07 Win Habeas corpus: Retro. of Blakely
Carey v. Musladin 12/11/06 Win Habeas corpus: deference
In re Medellin 11/15/06 Win Habeas Corpus: Vienna Convention
Ayers v. Belmontes 11/13/06 Win Death penalty: Catch-all instruction
Hamdan v. Rumsfeld 6/29/06 Loss Habeas corpus: Detainee Treatment Act
Sanchez-Llamas v. Oregon 6/28/06 Win Evidence: Vienna Convention
Washington v. Recuenco 6/26/06 Win Jury trial: Blakely and harmless error
Kansas v. Marsh 6/26/06 Win Death penalty: Aggravating=mitigating
Samson v. California 6/19/06 Win Search and seizure: Parol search condition
Hudson v. Michigan 6/15/06 Win Search and seizure: Knock-notice & excl. rule
Hill v. McDonough 6/12/06 Loss Death penalty: Method challenge procedure
Muntaqim v. Coombe 6/1/06 Win Voting: Felon disenfranchisement
Rice v. Collins 1/18/06 Win Jury: Batson review
Brown v. Sanders 1/11/06 Win Death penalty: Invalid aggravator/harmless
Maryland v. Blake 11/14/05 Draw Self-Incrimination
Chaker v. Crogan 11/30/05 Loss Habeas corpus: Relation back
Bell v. Thompson 6/27/05 Win Habeas corpus: Post-certiorari reconsideration
Gonzalez v. Crosby 6/23/05 Win Habeas corpus: Rule 60(b)
Mayle v. Felix 6/23/05 Win Habeas corpus: Relation back
Rompilla v. Beard 6/20/05 Loss Habeas corpus: LWOP instruction
Johnson v. California 6/13/05 Loss Jury: Batson prima facie case
Medellin v. Dretke 5/23/05 Win Habeas corpus: Vienna Convention
Brown v. Payton 3/22/05 Win Death penalty: Catch-all mitigation instruction
Howell v. Mississippi 1/24/05 Win Appeal: Issued not raised below
Florida v. Nixon 12/13/04 Win Ineffective Assistance
People v. Griffin 8/9/04 Win Rape
Rumsfeld v. Padilla 6/28/04 Win Habeas corpus
United States v. Patane 6/28/04 Win Self-incrimination
Beard v. Banks 6/24/04 Win Habeas corpus
Blakely v. Washington 6/24/04 Loss Jury trial
Schriro v. Summerlin 6/24/04 Win Habeas corpus
Hiibel v. District Court 6/21/04 Win Fourth Amendment: ID and Terry
Yarborough v. Alvarado 6/1/04 Win Witnesses: Disclosure of identity
Nelson v. Campbell 5/24/04 Loss Death penalty
Baldwin v. Reese 3/2/04 Win Habeas corpus
Fellers v. United States 1/26/04 Draw Counsel
Illinois v. Lidster 1/13/04 Win Search and seizure
Maryland v. Pringle 12/15/03 Win Search and seizure
Oken v. Maryland 11/17/03 Win Retroactivity
Grutter v. Bollinger 6/23/03 Draw Precedent
Wiggins v. Smith 6/26/03 Loss Ineffective assistance
Bazzetta v. Overton 6/16/03 Win Prisoner civil rights
Virginia v. Hicks 6/16/03 Win First Amendment
Chavez v. Martinez 5/27/03 Win Civil rights suits
Price v. Vincent 5/19/03 Win Double jeopardy
Virginia v. Black 4/7/03 Win First Amendment
Woodford v. Garceau 3/25/03 Win Habeas corpus
Ewing v. California 3/5/03 Win Sentencing
Lockyer v. Andrade 3/5/03 Win Sentencing
Connecticut DPS v. Doe 3/5/03 Win Due process
Abdur'Rahman v. Bell 12/10/02 Win Habeas corpus
Stewart v. Smith 6/28/02 Win Habeas corpus
Harris v. United States 6/24/02 Win Sentencing
Ring v. Arizona 6/24/02 Loss Death penalty
Atkins v. Virginia 6/20/02 Loss Death penalty
Horn v. Banks 6/17/02 Win Habeas corpus
Carey v. Saffold 6/17/02 Draw Habeas corpus
Bell v. Cone 5/28/02 Win Habeas corpus
Mickens v. Taylor 3/27/02 Win Habeas corpus
Manduley v. Superior Court 2/28/02 Win Separation of powers
Lee v. Kemna 1/22/02 Loss Habeas corpus
State v. Kleypas 12/28/01 Win Death penalty
United States v. Knights 12/10/01 Win Search and seizure
Tyler v. Cain 6/28/01 Win Habeas corpus
Saucier v. Katz 6/18/01 Win Civil rights suits
Duncan v. Walker 6/18/01 Win Habeas corpus
Penry v. Johnson 6/4/01 Loss Death penalty sentencing
Daniels v. United States 4/25/01 Win Habitual criminals
Murphy v. Shaw 4/18/01 Win Civil rights suits
Texas v. Cobb 4/2/01 Win Counsel
People v. Atkins 3/12/01 Win Mental defenses
Alabama Dept. of Youth Services v. Ash 2/21/01 Win Civil rights suits

 

 


Kansas v. Ventris 4/29/09 Win Counsel: Jailhouse informant
U. S. Supreme Court decision upholding the use of a cellmate’s testimony to impeach the defendant, even though the cellmate’s testimony may have been obtained in violation of the defendant’s Sixth Amendment right to counsel. In January 2004, Donnie Ray Ventris and his live-in girlfriend devised a plan to rob an acquaintance. The pair went to Ernest Hicks home, and Hicks was shot and killed. Ventris and his girlfriend left the scene with Hicks’ wallet, approximately $300, his cell phone, and his pickup truck. At trial, both Ventris and his girlfriend accused the other of killing Hicks. In rebuttal to Ventris’s testimony, his cellmate, Johnnie Doser, testified that Ventris told him that he was the triggerman. Doser admitted that he had been placed in Ventris’s cell and was told to keep his ears open. The defense was unable to convince the judge to strike Doser’s testimony, and the jury convicted Ventris of aggravated robbery and burglary. CJLF joined the case to argue that the Kansas Supreme Court had misinterpreted Supreme Court precedent, which allows testimony of a jailhouse informant that does not question the defendant, but only listens. An opinion authored by Justice Scalia held that Doser’s statements could be used to impeach Ventris because “[t]he interests safeguarded by such exclusion are ‘outweighed by the need to prevent perjury and to assure the integrity of the trial process.’ ”

[CJLF brief in PDF.]
Cone v. Bell 4/28/09 Loss Habeas corpus: Procedural default
U. S. Supreme Court decision reversing the Sixth Circuit’s decision to uphold Cone’s conviction and death sentence. Gary Cone was convicted fourteen years ago of beating an elderly Memphis couple to death during a two-day crime spree. Cone’s sole defense was that he was temporarily insane at the time of the murders. Although the defense attorney appealed for mercy, the jury sentenced Cone to death. On appeal, Cone alleged his attorney was incompetent. The claim was thoroughly reviewed and denied in the state courts. When Cone appeared before the Sixth Circuit for the third time, he alleged that prosecutors had improperly withheld evidence of his drug use, which he believed would have encouraged sympathy from the jury. The Sixth Circuit rejected his claim as procedurally defaulted and meritless. The Foundation joined the case to argue that Cone’s claim had been given more consideration than required by law, and further delay was not warranted. In a 5-1-1-2 decision, with Justice Stevens speaking for the majority, the Court remanded the case to the District Court to decide whether the evidence of Cone’s drug use was reasonably likely to have affected the sentence. Under the unusual procedural history of this case, the federal court was required to make this determination itself. [CJLF brief in PDF.]
Rivera v. Illinois 3/31/09 Draw Equal protection: Review of Batson claims
Unanimous U. S. Supreme Court decision that a criminal conviction may stand if a juror was wrongly seated after being opposed by a defense lawyer’s peremptory challenge. The Court reasoned that because it is within the state’s province to grant or withhold peremptory challenges, states are free to decide on their own what remedy should follow such error. Michael Rivera, the “Chief Enforcer” of a Chicago gang, shot and killed Marcus Lee as Lee walked down the street. During jury selection, Rivera tried to strike an African American female from the jury because she worked at a facility that also treated gunshot victims. The trial judge was not satisfied by counsel’s explanation and challenged the strike. He overruled use of the peremptory strike. Defense counsel later remarked he was striking the juror because he wanted more men on the jury. The Illinois Supreme Court found the trial judge had erred in overruling the strike without proof of discrimination, but also found the error was harmless. The Foundation joined the case to argue that the trial judge had not erred in finding discrimination. The Supreme Court found that the judge’s refusal to excuse the juror did not violate Rivera’s right to a fair and impartial jury. [CJLF brief in PDF.]
Philip Morris v. Williams 3/31/09 Draw Procedural default: Adequate state ground
U. S. Supreme Court dismissed the case as improvidently granted, leaving undecided the issue of when a state court’s holding that a party had failed to properly preserve his federal claim could also preclude federal court review of the question. CJLF filed a brief in Philip Morris because this question often arises in federal court review of state criminal convictions. The Oregon Supreme Court held that Philip Morris lost its federal claim of excessive damages by not using a state procedure required to preserve its claim. Philip Morris claimed the state rule departed from the state’s previous rulings on the rule, and could not be used to block a federal claim. The Foundation had asked the Court to define a clear standard to apply in this confused area of law, but the Court did not use this opportunity. [CJLF brief in PDF.]
Arizona v. Johnson 1/26/09 Win Search and seizure: Frisk of passengers
U. S. Supreme Court decision upholding the authority of a police officer to pat down a suspicious passenger for weapons during a traffic stop. The search occurred after Tucson police pulled over an uninsured vehicle in a neighborhood frequented by drug gangs. One officer noticed that the backseat passenger was dressed head to toe in local gang colors and had a police scanner sticking out of his pocket. After he told the officer he was recently released from prison, she asked him to step out of the car and frisked him for weapons. The search uncovered a handgun and drugs. Following his conviction for being a felon in possession of a firearm and drugs, the defendant won an appeals court ruling that the search was unlawful, because, as the passenger, he was not the subject of the traffic stop. When the U. S. Supreme Court agreed to consider Arizona’s appeal, CJLF joined the case to argue that the appeals court had misinterpreted precedent, which gives police officers the authority to pat down a person confronted in the line of duty if there is a reasonable suspicion that the person might be armed. The Foundation pointed out that an ex-con wearing the colors of a local drug gang, with a police scanner, meets this criterion. The Supreme Court unanimously agreed.[CJLF brief in PDF.]
Oregon v. Ice 1/14/09 Win Sentencing: Jury for consecutive
U. S. Supreme Court decision upholding a judge’s authority to require a defendant convicted of multiple felonies to serve the sentences for each crime consecutively. Thomas Eugene Ice, an apartment manager, was convicted for twice using his pass key to burglarize a resident’s unit and molest her 11-year-old daughter. Ice was convicted on two counts of first-degree burglary and four counts of first-degree sexual abuse. The defense argued that the jury must make the findings that Oregon law requires before a judge may order that sentences run consecutively. Unconvinced, the judge ordered the consecutive sentences. Oregon’s Court of Appeals affirmed the decision; but the state supreme court later overturned that holding and Ice’s sentence, ruling that earlier U. S. Supreme Court decisions supported the defendant’s claim. CJLF joined the Supreme Court’s review of the case to argue that the Oregon court improperly extended a rule announced to prevent judges from punishing the defendant for a higher offense than the jury found. The court’s 5-4 decision agreed, in a decision that consecutive sentencing remains within the trial judge’s discretion. [CJLF brief in PDF.]
Hedgpeth v. Pulido 12/2/08 Win Harmless error: Standard of review
U. S. Supreme Court decision to overturn a 2007 Ninth Circuit ruling, which had voided the conviction of California murderer Michael Pulido. Pulido was convicted on strong evidence of killing a gas station cashier during a 1992 robbery. Because both Pulido and his accomplice blamed each other for the killing, the jury could not agree on who actually fired the gun, but California’s felony-murder rule provides that accomplices to murder during the commission of a felony can both be found guilty of the murder. Fifteen years after his conviction, the Ninth Circuit sidestepped federal rules to invalidate Pulido’s conviction due to a minor jury instruction error previously deemed harmless by the California Supreme Court. CJLF joined the state’s appeal to argue that precedent (won by CJLF) requires that a claim of trial error raised on federal habeas corpus must be supported by substantial evidence that the error prejudiced the defendant’s case. No such evidence was presented to support the Ninth Circuit ruling. The high court agreed.[CJLF brief in PDF.]
Bell v. Kelly 11/17/08 Win Habeas corpus: Deference standard
U. S. Supreme Court order refusing to reconsider a federal court ruling upholding the death sentence of Virginia cop killer Edward Bell. In 2001, Bell, an illegal immigrant and drug dealer, was convicted on strong evidence of murdering a police sergeant by shooting him in the face. On appeal, Bell claimed that his attorneys did not adequately represent him at his sentencing hearing. After the Virginia Supreme Court rejected this claim, Bell added additional evidence to support his claim to his petition for review on federal habeas corpus. A federal District Court rejected the claim, and later the federal Court of Appeals affirmed the judgment. Earlier this year, the high court agreed to review Bell’s appeal based upon his false claim that the Virginia Supreme Court had refused to consider the evidence he added to his federal petition. CJLF had joined the case to argue that Bell had never presented the new evidence to the Virginia Court and that the federal courts reviewing his new evidence ruled that it did not support his allegation of lawyer incompetence. When the Supreme Court learned the truth, it dropped Bell’s case. Bell was executed on February 19, 2009. [CJLF brief in PDF.]
People v. Hernandez 8/27/08 Win Jury trial: Sentencing Factors
Hernandez was convicted of evading an officer with reckless driving and resisting the officer’s performance of duty. He was sentenced to the upper term of three years for evading an officer with reckless driving. At sentencing, the trial court imposed the upper-term sentence based on Hernandez’s prior convictions, prior prison term, the fact that he was on parole at the time he committed the charged offenses, and because his past performance on probation and parole had been unsatisfactory. In its brief to the California Supreme Court, CJLF argued Hernandez’s sentence was consistent with the U. S. Supreme Court’s holding in Cunningham v. California. CJLF argued Hernandez’s sentence did not violate the Sixth Amendment protections of Almendarez-Torres, Apprendi, and Cunningham because a prior conviction is still an aggravating factor that can be found by the trial court to impose an upper-term sentence. The California Supreme Court’s decision in People v. Towne, S125677 (June 26, 2008), affirmed this reasoning. In People v. Towne, the California Supreme Court ruled the trial court may find the aggravating circumstance that a defendant served a prior prison term, was on parole, or on probation at the time of the crime. Furthermore, a trial judge may find the aggravating factor of unsatisfactory performance on parole or probation if the unsatisfactory performance is established through a record of prior convictions. However, a right to a jury trial will attach if the poor performance on probation or parole can be established only by finding facts other than prior convictions, such as failed drug tests or failure to appear for appointments. The conclusions reached by the California Supreme Court in Towne were consistent with the amicus brief submitted by CJLF. In its brief, CJLF argued that Apprendi v. New Jersey required a jury to find the defendant eligible for an upper-term sentence. However, once a jury found a single fact making the defendant eligible, past convictions and unsatisfactory performance on probation or parole could be found by a trial judge and applied at his discretion to determine whether the defendant actually received the upper-term sentence. [CJLF brief in PDF.]
Indiana v. Edwards 6/19/08 Win Counsel: Competency for self-representation
U.S. Supreme Court case on whether the Constitution requires states to allow a mentally ill defendant to act as his own attorney. The case involves the 2005 conviction of Ahmad Edwards, a thief who shot a security guard and a bystander at an Indianapolis department store. Edwards spent several years in state mental institutions until doctors determined that, with the aid of an attorney, he was competent to stand trial. However, the trial judge denied the defendant’s request to represent himself. On appeal, the defendant won an Indiana Supreme Court ruling overturning his conviction, announcing that an earlier U. S. Supreme Court decision (Faretta v. California) required the trial judge to grant the defendant’s request. When the nation’s highest court agreed to hear Indiana’s appeal, CJLF joined the case. The Foundation argued that the Faretta decision did not prohibit states from setting limits on the right to self-representation to prevent mentally ill defendants from turning the trial into a mockery of justice. The Supreme Court agreed, enabling trial judges to preserve the fairness and reliability of the trial. [CJLF brief in PDF.]
Boumediene v. Bush / Al Odah 6/12/08 Loss Habeas Corpus: Enemy Detainees
In companion cases before the United States Supreme Court, CJLF filed an amicus curiae brief to demonstrate that the writ of habeas corpus was never meant to extend to prisoners of war designated as enemy combatants. CJLF filed its brief in response to the claims of two groups of enemy combatants, as well as 23 groups representing the interests of the combatants. The combatants, and their amicus, challenged their detention at a United States naval base in Guantanamo Bay, Cuba. The groups claim the United States Constitution requires the government to allow them to file habeas corpus petitions in federal court. The groups also claim Congress does not have the authority to prohibit federal courts from hearing habeas claims, and that Combatant Status Review Tribunals (CSRTs), created by an Act of Congress in 2006 to determine the status of the detainees, unconstitutionally denied the petitioners due process rights. CJLF’s brief examined the history of habeas corpus going back to the English common law to show that a writ of habeas was never meant to extend to military prisoners with no prior connection to the United States. A narrow majority of the Supreme Court disagreed and extended the protection of the United States Constitution to enemies it was never intended to protect. [CJLF brief in PDF.]
People v. Superior Court (Humberto S.) 5/12/08 Win Evidence: DA and Victim privacy
California Supreme Court case to review lower court rulings that had disqualified a public prosecutor for opposing the disclosure of an 8 year-old sexual abuse victim’s confidential psychotherapy records. Both the mother of the victim and the victim’s therapist objected to the disclosure of the records. However, the victim’s father, who is also the accused molester’s brother, consented to the release of the records. The prosecutor believed that the father’s consent should not be sufficient for disclosure because of the father’s conflict of interest in the case. The prosecutor then objected to the consent and filed a motion to appoint a guardian ad litem for the victim. The court denied the prosecutor’s motion, and later granted the defense’s motion to disqualify the prosecutor. The court found the prosecutor had incurred a conflict of interest by seeking to represent the victim’s interests. The appellate court later agreed with this ruling. CJLF joined the appeal to the California Supreme Court to argue the lower courts had misinterpreted the duties of the prosecutor. The prosecutor had a duty to enforce the law as a representative of a party to the case, and as such, the prosecutor had the right to participate in litigation affecting the proceeding. CJLF argued a prosecutor acts within the lawful range of his or her duties by acting as a zealous advocate for both the victim and the people of California. The lower courts had an obligation to respect the prosecutor’s duty, as well as the rights and interests of crime victims. The California Supreme Court unanimously agreed that the prosecutor’s actions were proper and not a conflict of interest. [CJLF brief in PDF.]
Baze v. Rees 4/16/08 Win Death penalty: Lethal injection
U.S. Supreme Court case to review a legal challenge to Kentucky’s lethal injection protocol by two double-murderers facing execution. Ralph Baze shot and killed a county sheriff and his deputy in 1992. Thomas Bowling shot and killed a Lexington couple and wounded their two-year-old son in 1990. In a federal lawsuit, they, along with several anti-death penalty groups, claim that the lethal injection process used in 37 states is unconstitutionally cruel and unusual punishment. CJLF joined the case to argue that the Constitution does not guarantee condemned murderers a painless execution and that, properly administered, the lethal injection process is painless. Procedures now in place in Kentucky and elsewhere are sufficient to minimize the chance of error. The Foundation also argues that the delays caused by legal challenges to a method of execution that pro-criminal groups insisted was humane 20 years ago, adds to the pain and suffering of the families of murder victims and denies justice to the law-abiding public. The Supreme Court agreed, and executions should resume shortly in most states. [CJLF brief in PDF.]
Medellin v. Texas 3/25/08 Win International law: Vienna Convention
U.S. Supreme Court decision upholding the conviction and death sentence of Jose Medellin, a Mexican national convicted of the 1993 rape and murder of two teenaged girls in Houston. The case involved Medellin’s claim that when the police failed to notify the Mexican Consulate following his arrest, they violated an international treaty signed in 1963. He also argued that the Texas courts’ rejection of his claim violated a 2004 World Court decision and that decision required that the judgment be set aside. CJLF joined the case on behalf of one of the murdered girl’s parents to argue that this murderer’s international rights claim had already been considered and rejected by the Texas Courts, and that no further delay of his sentence was required. The Supreme Court affirmed the decision of the Texas court. [CJLF brief in PDF.]
Allen v. Siebert 11/5/07 Win Habeas corpus: Limitations, tolling
U.S. Supreme Court decision reinstating the death sentence of Alabama serial murderer, Daniel Siebert. Siebert had admitted to, and ultimately been convicted of the murders of Sherri Weathers and her son, as well as the murder of Linda Jarman. Siebert was sentenced to death for both murders in 1987. In 1992, after both convictions had been affirmed by the Alabama Supreme Court, Siebert filed state petitions for habeas relief. He filed his state petitions three months past the state filing deadline, and the circuit county court rejected both petitions. In 2001, Siebert filed federal petitions for habeas corpus review. The petitions were dismissed as they were filed after the Antiterrorism and Effective Death Penalty Act (AEDPA) filing deadline for habeas corpus petitions had lapsed. In 2005, while Siebert’s appeal of the dismissal was pending in the Eleventh Circuit, the U.S. Supreme Court held that “time limits, no matter their form, are filing conditions,” and an untimely state petition does not suspend federal time limits. Two years later, a panel of the Eleventh Circuit ruled that Alabama’s time limits did not prevent federal court review of Siebert’s claims. CJLF argued as an amicus curiae that the Eleventh Circuit’s ruling was “demonstrably erroneous” and summary reversal was appropriate. The U.S. Supreme Court agreed, and stated, in a 7-2 decision, “[w]hen a postconviction petition is untimely under state law, that is the end of the matter . . . .” The decision affirmed the Supreme Court’s 2005 decision in Pace v. DiGuglielmo, 544 U.S. 408 (2005). [CJLF brief in PDF.]
People v. Taylor 10/23/07 Loss Death penalty: NY Law
New York’s Court of Appeals upheld its 2004 People v. LaValle decision that a jury instruction that was a part New York’s sentencing scheme was invalid because the instruction might influence a jury to recommend the death sentence instead of deadlocking. Under the New York scheme, a deadlocked jury would allow the judge to sentence the defendant to 20 to 25 years with the possibility of parole. Before his trial, Taylor challenged the sentencing scheme. Taylor had been convicted for the robbery of a Wendy’s franchise in Flushing, New York and the murder of five Wendy’s employees in 2000. Taylor was sentenced to death under the New York death penalty law that required the challenged instruction. On appeal to the New York Court of Appeals the Criminal Justice Legal Foundation argue that New York’s entire death penalty scheme should not be overturned because of one jury instruction. CJLF argued the Court of Appeals should give effect to the Legislature’s intent, and remove the improper instruction while leaving the other provisions of New York’s death penalty statute in place. CJLF argued the New York law contained a severability provision for the purpose of allowing constitutional provisions to remain in effect while striking any unconstitutional provisions. The New York Court of Appeals disagreed. The Court found the jury instruction to be “inextricably interwoven with the sentencing procedure and necessary to effectuate the legislature’s intent.” The Court held the death penalty sentencing statute to be unconstitutional on its face and vacated Taylor’s death sentence. Taylor’s case was remitted for resentencing. [CJLF brief in PDF.]
United States v. Lujan
United States v. Meier
10/2/07
9/28/07
Win DNA Testing: Suspicionless searches
In companion cases Lujan and Meier, the United States Court of Appeals for the Ninth Circuit rejected the petitioner’s claims that Oregon’s DNA Analysis Backlog Elimination Act of 2000 (DNA Act) violated Fourth Amendment rights. The Ninth Circuit also rejected Lujan’s claims that Oregon’s Act violated the ex post facto clause of the constitution, was an unconstitutional bill of attainder, and that the Act violated the Constitution’s separation of powers principles. Both Lujan and Meier claimed the Oregon Act violated their Fourth Amendment rights because it authorized a probation officer to demand the collection of a blood sample as a condition to a convicted criminal’s supervised release. Petitioners had pled guilty to one count of unarmed bank robbery in May 1999. They were each sentenced to prison time and three years supervised release. Oregon law stated supervised release was subject to standard conditions, including those conditions imposed by the DNA Act. CJLF’s amicus brief argued the DNA Act should survive petitioners’ Fourth Amendment challenges. CJLF argued that as a convicted criminal subject to supervised release, petitioners had a diminished expectation of privacy. The United States Supreme Court had stated a probationer’s diminished privacy was part of society’s special need to supervise probationers. In its brief, CJLF urged that when examining society’s special need, a court should consider circumstances such as: the convicts’ substantially diminished expectation of privacy; the minimal intrusiveness of blood testing; and the enormous benefit to society of maintaining DNA databanks of convicted murderers and sex offenders. The Ninth Circuit agreed and relied on its 2004 decision in United States v. Kincaide, 379 F.3d 813, that a “totality of the circumstances” could justify compulsory DNA collection. [CJLF brief in Lujan.] [CJLF brief in Meier.]
Getsy v. Mitchell 7/25/07 Win Habeas corpus: Clearly established law
United States Court of Appeals for the Sixth Circuit case involving hired hit man Jason Getsy. An Ohio jury found Getsy guilty of the contract killing of Ann Serafino, whose son had a business dispute with John Santine. Getsy was sentenced to death. A separate jury convicted Santine of murder, but Getsy's confession was not admissible in that trial, the jury did not find murder for hire had been proved, and Santine was not sentenced to death. A panel of the Sixth Circuit found that this difference in sentences required that Getsy's death sentence be overturned. CJLF submitted a brief arguing that no current rule of law authorizes a federal court to overturn a state sentence on this basis, and Congress has forbidden lower federal courts from making up new rules in such cases. The full Sixth Circuit agreed. [CJLF brief in PDF.]
People v. Hernandez/Sandoval 7/19/07 Win Jury trial: Sentencing factors
Companion cases before the California Supreme Court involving criminals who received upper-term sentences under the state’s determinant sentencing law.  The law had allowed a trial judge to sentence criminals to one of a range of three terms (such as 2, 4, or 6 years), based upon mitigating or aggravating factors related to the crime or the defendant.  In 2007, the U.S. Supreme Court ruled, in Cunningham v. California, that aggravating factors used to make a defendant eligible for the upper term must be found by a jury, rather than the judge.  The state Supreme Court is reviewing these two cases to determine the extent that the Cunningham decision disrupts California sentencing. Joel Hernandez and Aida Sandoval were both convicted of felonies and sentenced to upper terms.  Hernandez had a number of prior felonies, which the judge considered during sentencing for reckless driving and evading a police officer.  Sandoval did not have priors, but the judge gave her an upper term and required her to serve her sentences consecutively, after considering the particularly cold-blooded nature of the circumstances of her crimes of voluntary manslaughter which left two people dead and her attempt to kill a third victim.  CJLF argues that the Cunningham decision does allow judges to base an upper-term sentence upon a defendant’s prior convictions and require that multiple sentences be served consecutively. Further, once a single aggravating factor has been properly found, the judge may find and consider additional factors in deciding whether to impose the upper term. In deciding Sandoval's case and another case, the California Supreme Court agreed with each of the major points of CJLF's brief. Hernandez's case is still pending. [CJLF brief in PDF.]
Panetti v. Quarterman 6/28/07 Loss Death penalty: Competency
U.S. Supreme Court case involving a Texas double-murderer’s claim that he cannot be executed because he is mentally ill.  In 1992, the defendant, Scott Panetti, murdered his wife's parents with a sawed-off shotgun in front of his wife and three-year-old daughter, who had moved in with the victims to escape his violent behavior.  Following his arrest, he confessed to the murders.  After being found mentally competent to stand trial, Panetti insisted on representing himself.  He presented an insanity defense, claiming that an alternate personality named “Sarge” committed the murders.  After his conviction, sentence, and multiple appeals, the state court found him competent to be executed.  The federal District Court and Court of Appeals later affirmed his competency and his death sentence.  Panetti, along with the National Alliance for the Mentally Ill, the American Bar Association, and the American Psychological Association, is seeking a decision to broaden the standard for incompetence for execution. The present standard requires that the murderer be able to understand that he committed the murder and will be executed for it, which the federal court found Panetti does. At the request of the Texas Solicitor General, CJLF has joined the case to argue for a decision to maintain the current standard. The Court sent the case back to the lower courts to reconsider, but it did not adopt the sweeping rule proposed by the ABA and others. [CJLF brief in PDF.]
Fry v. Pliler 6/11/07 Win Habeas Corpus: Harmless Error
The United States Supreme Court affirmed a murderer’s conviction. The defendant, drug dealer John Fry, was convicted on strong evidence of killing a Vacaville couple in 1992. On appeal, he claimed that his conviction was invalid because a witness who claimed that her cousin admitted to killing two people was not allowed to testify. The state court rejected the claim, finding that in light of the weakness of this evidence, excluding it was within the trial judge’s discretion. The federal courts reviewed the claim on habeas corpus applying a standard of review announced by the Supreme Court’s 1993 decision in Brecht v. Abrahamson (won by CJLF) and also concluded that the exclusion was error, but harmless. Before the Supreme Court, Fry argued that the Brecht standard is too difficult for him to meet and should not apply to his case. CJLF joined the case to argue for a decision reaffirming the existing standard. The Supreme Court, unanimous on this point, agreed. [CJLF brief in PDF.]

 

Roper v. Weaver 5/21/07 Draw Due Process: Prosecutor Argument
United States Supreme Court case to review a federal Eighth Circuit Court of Appeals ruling which overturned the death sentence of William Weaver. A Jackson County, Missouri jury found Weaver guilty on substantial evidence of murdering Charles Taylor, a key witness in a federal drug case in July 1987. Among Weaver's claims on appeal was that in closing argument at his sentencing hearing the prosecutor made allegedly improper statements which invalidated his sentence. Specifically, the prosecutor told the sentencing jury that he supported the death penalty, that it was their duty, like soldiers, to sentence Weaver to death, and that a death sentence would deter others from committing murder. The Missouri Supreme Court denied the claim and upheld Weaver's conviction and sentence. In 2001, a federal district judge accepted the claim and overturned the sentence. That ruling was affirmed by the Court of Appeals last year. CJLF joined the state's appeal of that ruling to argue that the federal law prohibited the Eighth Circuit court from overturning the Missouri Supreme Court decision unless it misapplied clearly established law or Supreme Court precedent. CJLF pointed out that there is no Supreme Court precedent finding similar statements made in closing argument unconstitutional, and that the Missouri court's review of Weaver's claim was reasonable. The Court decided that, due to some unusual procedural issues in the case, it would not decide the question presented but instead dismiss the case as "improvidently granted." This decision effectively leaves the Eighth Circuit decision requiring a new sentencing hearing in place, but it does not set a Supreme Court precedent either way. [CJLF brief in PDF.]

 

Schriro v. Landrigan 5/14/07 Win Death penalty
The United States Supreme Court reversed a 2006 Ninth Circuit ruling and reinstated the death sentence of a man who brutally murdered an acquaintance in Arizona, after escaping from an Oklahoma prison where he was serving time for an earlier murder. At his sentencing hearing, Jeffrey Landrigan announced in open court that he would not allow his attorney to present evidence mitigating his responsibility for the murder. Over a span of 15 years, three courts and a panel of the Ninth Circuit rejected the claim that his death sentence was unconstitutional because his attorney failed to present the evidence. However, a larger panel of the Ninth Circuit accepted it. Before the Supreme Court, CJLF argued that this violates an Act of Congress which forbids setting aside the facts found by the state courts unless the finality is unreasonable. The Supreme Court agreed in a 5-4 decision written by Justice Clarence Thomas. [CJLF brief in PDF.]

 

Smith v. Texas 4/25/07 Loss Death penalty: Jury Instructions
U. S. Supreme Court decision to require the resentencing of LaRoyce Smith for the 1991 murder of a Dallas Taco Bell shift manager during a robbery. At trial, the defense attorney asked the judge to declare the Texas death penalty unconstitutional based upon a recent Supreme Court decision striking down the state’s sentencing jury instructions. The judge instead modified the jury instructions to accommodate a recent high court decision and asked the defense attorney if he wanted to suggest any improvements. The defense attorney did not and raised no objection to the new instructions. The Texas Court of Criminal Appeals later ruled that the modified instructions complied with the recent decision. Later on habeas corpus, the same court denied Smith’s claim that the instruction violated a subsequent high court decision on jury instructions. In 2004, the U. S. Supreme Court reversed the Texas court decision and sent the case back for further review of Smith’s claim. A year later, the Texas court ruled that the disputed instruction did not require overturning his death sentence. When the Supreme Court agreed to hear Smith’s challenge to that ruling, CJLF joined the case to argue that the standard for review of trial errors not objected to by the defense has been historically left up to the state courts. The Court's 5 to 4 ruling held that the instruction given in this case did not satisfy its requirements and that the defense lawyer's initial objection was sufficient to preserve the issue. [CJLF brief in PDF.]

 

Irons v. Carey 3/6/07 Win Habeas corpus: Constitutionality of 2254(d)(1)
Federal Ninth Circuit decision overturning a district judge’s ruling ordering the parole of San Francisco murderer Carl Irons. In 1984, Irons received a 17-years-to-life prison sentence for shooting and stabbing a neighbor to death then dumping his body in the ocean. In 2001, Irons appealed a decision by the Board of Prison Terms to deny him parole. The state Court of Appeal reviewed the case, deciding that the Board’s decision was proper. When he appealed to the federal court, a magistrate was appointed to consider his claim. In 2004, the magistrate recommended that Irons be released based on Ninth Circuit precedent not accepted by the California courts or required by the U.S. Supreme Court. When a federal district judge adopted this recommendation and ordered Iron’s release, California appealed. CJLF joined the case to argue that federal rules adopted by Congress prohibit federal courts from overturning a state appeals court decision, unless the state court misapplied United States Supreme Court precedent. Because there was no misapplication of law or binding precedent by the California Court of Appeal, the federal judge had no authority to re-decide Irons’ claim. The Ninth Circuit decision agreed. [CJLF brief in PDF.]

 

Whorton v. Bockting 2/28/07 Win Habeas corpus: Retroactivity of Crawford
U. S. Supreme Court decision to reinstate the 1988 conviction of a Nevada child molester. A jury found Marvin Bockting guilty of engaging in various sex acts with his six-year-old stepdaughter. Because the child was too emotionally upset to testify, her tape-recorded description of the incident was introduced at trial in addition to medical evidence and Bockting’s incriminating statements. The applicable federal rules at the time allowed the child’s taped statement (hearsay) in lieu of her direct testimony. Two years later, the Supreme Court sent Bockting’s case back for a determination of the statement’s trustworthiness under a new standard. In 1993, the Nevada Court ruled that the statement was trustworthy. In 2003, the Supreme Court’s decision in Crawford v. Washington announced a new rule barring “testimonial” hearsay statements from trial. In February 2005, the Ninth Circuit applied the new rule retroactively to overturn Bockting’s conviction. Before the Supreme Court, CJLF argued that only rules fundamental to a fair trial can be applied retroactively and that the change in hearsay does not meet that standard. The high court agreed. [CJLF brief in PDF.]

 

Burton v. Stewart 1/9/07 Win Habeas corpus: Retroactivity of Blakely
United States Supreme Court decision utilizing CJLF arguments to reject a Washington sex offender's challenge to his sentence. The case involved a 47-year-sentence given to Lonnie Burton for the rape and robbery of a 15-year-old boy and the burglary of his parents' home. Because of Burton's multiple prior felony convictions, he qualified for an increased sentence under Washington law. While a challenge to his sentence was being reviewed by the state's highest court, Burton launched a separate challenge to his conviction in federal court on habeas corpus. Federal law generally allows only one round of habeas corpus review of a criminal judgment. After his state challenge failed, Burton asked the federal court to consider claims against his sentence on habeas corpus. The federal court agreed to hear the case, but refused to overturn his sentence. In 2004, after the U.S. Supreme Court announced new sentencing rules in Blakely v. Washington, Burton amended his appeal to claim that the Blakely ruling applied retroactively to invalidate his sentence. CJLF joined the high court review of the case to argue that the federal courts do not have jurisdiction to review Burton's second petition. The Court's decision said exactly that. [CJLF brief in PDF.]

 

Carey v. Musladin 12/11/06 Win Habeas corpus: Deference
United States Supreme decision utilizing CJLF arguments to reinstate the murder conviction of an abusive husband who gunned down his estranged wife's fiancé in front of several witnesses. In 2005, the federal Ninth Circuit Court of Appeals had overturned the murderer's sentence, ruling that it was unconstitutional for members of the victim's family to wear buttons with the deceased's picture on it during the trial. Prior to Mathew Musladin's trial, the judge refused Musladin's request to prevent Studer's family from wearing the photo buttons. Following his conviction, Musladin appealed, claiming that the buttons prejudiced the jury against him. The Court of Appeal denied the claim, as did the federal District Court on habeas corpus. But a divided panel of the federal Ninth Circuit reversed the lower court's decision and announced that the buttons violated Musladin's constitutional rights. When the Supreme Court agreed to hear the state's appeal, CJLF joined the case to point out that, once again, the Ninth Circuit's ruling sidestepped Congressional limits on its authority in order to overturn a reasonable state court decision. [CJLF brief in PDF.]

 

Ex parte Medellin 11/15/06 Win Habeas corpus: Vienna Convention
Texas Court of Criminal Appeals decision to deny further review of a foreign national's claim that the failure to notify the Mexican government of his arrest and trial for murdering two young girls invalidates his conviction and death sentence. In 2005, CJLF won a U.S. Supreme Court decision which rejected the murderer's request for federal court review of this claim. When the case was sent back to the Texas court, CJLF argued that the claim was reviewed and rejected in state court years ago and no further consideration is required. The Texas court rejected Medellin's claim on a different ground, and he has since asked the U.S. Supreme Court to take the case again. [CJLF brief in PDF.]

 

Ayers v. Belmontes 11/13/06 Win Death penalty: Catch-all instruction
United States Supreme Court decision reinstating the death sentence of a California man who, in 1981, beat a 19-year-old girl to death with a metal bar while burglarizing her home. The Court's decision overturned a 2005 Ninth Circuit ruling which announced that the instructions given to the murderer's sentencing jury 25 years ago were unconstitutional. CJLF joined the review of that ruling to argue that two prior Supreme Court decision (both won by CJLF) held that the jury instructions were proper. The Court held that they were. [CJLF brief in PDF.]

 

Hamdan v. Rumsfeld 6/29/06 Loss Habeas corpus: Detainee Treatment Act
The United States Supreme Court reversed a decision of the Court of Appeals for the D.C. Circuit and held that accused terrorists held in Guantanamo Bay could not be tried by military tribunal under current law. CJLF had argued that Congress had repealed the Court’s jurisdiction to hear this claim in the Detainee Treatment Act. [CJLF brief in PDF.]

 

Sanchez-Llamas v. Oregon 6/28/06 Win Evidence: Vienna Convention
The United States Supreme Court affirmed a decision of the Oregon Supreme Court, upholding the conviction of Moises Sanchez-Llamas for the attempted murder of a police officer. Sanchez-Llamas made incriminating statements shortly after his arrest and before he was informed of his right to have the Mexican Consulate notified of his arrest. CJLF argued and the Court held that suppression of evidence is not an available remedy for enforcement of the Vienna Convention, the treaty that requires consular notification. Suppression of the truth in a criminal trial is a drastic remedy, it is not required by the treaty, and no other country suppresses evidence on this basis. Further, there is no causal connection between the treaty violation and the defendant’s statements, because he had no right to have the consulate notified before the interrogation. [CJLF brief in PDF.]

 

Kansas v. Marsh 6/26/06 Win Death penalty: Aggravating = Mitigating
The United States Supreme Court reversed a decision of the Kansas Supreme Court and reinstated the death penalty in Kansas. In 1995, Marsh murdered a young mother and set the house on fire, burning her 19-month-old daughter to death. The state court had held that the state’s death penalty statute was unconstitutional because it required a verdict of death in the extremely unlikely event that the jury found the aggravating and mitigating factors precisely equal. CJLF argued and the Court held that the Eighth Amendment does not prohibit a capital sentencing statute from operating in this manner. [CJLF brief in PDF.]

 

Washington v. Recuenco 6/26/06 Win Jury trial: Blakely & Harmless error
The United States Supreme Court reinstated the sentence of a Washington man who had threatened his wife with a gun, reversing a decision of the Supreme Court of Washington. Arturo Recuenco was convicted by a jury of assault, and the jury also found he had used a deadly weapon. The judge sentenced him to an additional three years for using a gun, in accordance with Washington law. After the trial, the U.S. Supreme Court held in Blakely v. Washington that sentence enhancement facts such as these must be found by the jury. The Washington Court of Appeals found that the error was harmless, because the jury found he had used a weapon and the gun was the only weapon at issue in the trial. The Washington Supreme Court reversed, holding that “Blakely error” can never be harmless. CJLF argued, and the U.S. Supreme Court held, that errors such as this do not require reversal where it is clear beyond a reasonable doubt that the result would have been the same in the absence of the error. [CJLF brief in PDF.]

 

Samson v. California 6/19/06 Win Search and Seizure: Parole search condition
California’s policy of requiring parolees to be subject to search at any time was upheld by the United States Supreme Court. The Fourth Amendment forbids unreasonable searches and seizures, and in most cases that means the police must have probable cause before conducting a search. However, there are exceptions, and even law-abiding people are subject to search when entering a courthouse or boarding an airplane. Convicted felons are subject to search at any time while in prison, and the state may reasonably require that prisoners released on parole, but still officially in custody, also be subject to search. [CJLF brief in PDF.]

 

Hudson v. Michigan 6/15/06 Win Search and Seizure: Knock-notice & excl. rule
The United States Supreme Court decided that evidence obtained in a valid search of a house, i.e., made pursuant to a warrant supported by probable cause, need not be suppressed because the police did not wait long enough to enter after announcing their presence. The opinion discussed the high social cost of suppressing the truth in criminal cases and decided that the exclusionary rule should not be extended into new territory. [CJLF brief in PDF.]

 

Hill v. McDonough 6/12/06 Loss Death penalty
In this case, the United States Supreme Court decided that a death row inmate could use a civil suit under the Civil Rights Act to challenge the state’s method of execution and thereby postpone his execution. CJLF had argued that invoking the Civil Rights Act for this purpose was an end-run around the limitations that Congress had placed on habeas corpus for the specific purpose of limiting such last-minute litigation. [CJLF brief in PDF.]

 

Muntaqim v. Coombe 6/1/06 Win Voting: Felon disenfranchisement
Convicted killers in New York prisons claimed that they had the right to vote, despite New York law, under the federal Voting Rights Act of 1965. CJLF joined an amicus brief to oppose this claim, noting the history of felon disenfranchisement laws nationwide before and after the Voting Rights Act. The Court of Appeals for the Second Circuit agreed. [CJLF brief in PDF.]

 

Rice v. Collins 1/18/06 Win Jury: Batson review
U. S. Supreme Court decision utilizing CJLF arguments to overturn a Ninth Circuit ruling, which had found racial bias during jury selection in the trial of a habitual criminal. The defendant, who had prior convictions of forcible rape and robbery, received a 25 years to life sentence for his third felony conviction on drug dealing charges. On appeal, he claimed that the prosecutor exercised racial bias in excusing two black jurors, although two other blacks were accepted and served. After the trial judge, the state appellate court and the federal District Court found no bias, the Ninth Circuit discovered it in a 2003 ruling. When the Supreme Court agreed to review the ruling, CJLF joined the case to argue that federal rules and precedent require that the lower courts give great deference to the findings of the trial judge regarding racial bias claims. The high court’s precedent-setting decision agreed. [CJLF brief in PDF.]

 

Brown v. Sanders 1/11/06 Win Death penalty: Invalid aggravators
U. S. Supreme Court decision utilizing CJLF arguments to reinstate the death sentence of a man who beat a Bakersfield woman to death in 1981. While California law requires a jury to find at least one special circumstance related to a murder to qualify the killer for a death sentence, the jury in this case found four. On appeal, the state Supreme Court ruled that two of the four special circumstances were invalid, but the death sentence was upheld. In 2004, the Ninth Circuit overturned the death sentence. Before the high court, CJLF argued that the sentence was proper because two special circumstances remained valid, and all of the facts considered by the jury were properly considered under unchallenged circumstances. The invalid circumstances were therefore redundant and made no difference in this case. The Court’s decision incorporated this argument. [CJLF brief in PDF.]

 

Maryland v. Blake 11/14/06 Draw Self-incrimination
U. S. Supreme Court dismissal of a case it had accepted for review of a Maryland appeals court ruling suppressing incriminating statements made by a juvenile accomplice to a murder. When the actual murderer (Tolbert) blamed his juvenile accomplice for the killing, the accomplice (Blake), who had previously refused to talk to police, agreed to make a statement “to set the record straight.” In his statement, Blake admitted his involvement but identified the older Tolbert as the murderer. Prior to trial, Blake’s attorney won a Maryland appeals court ruling that excluded Blake’s incriminating statements, concluding that he had been badgered into making them. CJLF joined the high court appeal of that ruling to argue that there was no evidence of badgering by police and that Blake’s statements were voluntary. The Supreme Court dismissed the case without deciding the issue. [CJLF brief in PDF.]

 

Chaker v. Crogan 11/3/05 Loss Habeas corpus
Federal Ninth Circuit Court of Appeals ruling announcing that the U. S. Constitution protects intentionally made false complaints against police officers as free speech. Darren Chaker, who has filed at least ten lawsuits against San Diego police agencies, sought federal habeas corpus review of his misdemeanor conviction for falsely claiming excessive force by an officer. At the request of the San Diego District Attorney, CJLF joined the Ninth Circuit review of this claim to argue that federal habeas corpus rules do not allow a defendant to attack his conviction after his sentence is completed and the First Amendment does not prevent states from punishing those who intentionally lie in a formal complaint against a police officer. CJLF will participate in the appeal of this bizarre Ninth Circuit ruling. [CJLF brief in PDF.]

 

Bell v. Thompson 6/27/05 Win Habeas corpus
U. S. Supreme Court decision overturning a lower court ruling to delay the execution of a Tennessee murderer. The case involved the 1985 conviction and death sentence of habitual criminal Gregory Thompson for the brutal robbery and stabbing murder of a Shelbyville woman. At trial, Thompson failed to convince the jury that a “claimed” mental disorder diminished his responsibility for the murder. After 18 years of appeals, he failed to convince the federal District Court, federal appeals court, and the U. S. Supreme Court, to consider the views of another psychiatrist. But after his execution date was set, a federal judge on the same panel which had rejected Thompson’s claim, decided to reconsider it on his own, without notifying the state. Shortly before Thompson’s execution, the panel reversed itself to allow review of his new psychiatric evidence. In a state appeal before the Supreme Court, CJLF argued that the lower federal court abused its discretion and manipulated the rules in order to delay the execution. The high court’s decision agreed. [CJLF brief in PDF.]

 

Gonzalez v. Crosby 6/23/05 Win Habeas Corpus
U. S. Supreme Court decision to block a criminal’s use of legal rules governing civil cases to gain additional review of claims barred by rules governing criminal cases. In 1982, the defendant pled guilty to three counts of armed robbery, one count of armed burglary, and one count of armed kidnapping. His first appeal to challenge his conviction was raised 12 years later, in violation of Florida’s two-year statute of limitations. After several courts denied review, he filed a motion under Federal Rules of Civil Procedure to reopen the case, arguing that a recent appeals court ruling in a different case allowed additional review of his claims. A federal appeals court rejected the claim. When the Supreme Court agreed to hear the criminal’s appeal, CJLF joined the case to argue for a decision announcing that Federal Rules of Civil Procedure do not apply when they conflict with rules governing criminal cases or when they are unsuited for such cases. The high court’s decision agreed, denying criminals a new opportunity for extended review of improperly raised claims. [CJLF brief in PDF.]

 

Mayle v. Felix 6/23/05 Win Habeas Corpus
U. S. Supreme Court decision upholding the limits enacted by Congress on federal review of state convictions. The case involved the 1995 conviction and life sentence of Jacoby Felix for the robbery and murder of a California man. An act of Congress signed into law the year after Felix’s conviction requires defendants to present claims of federal constitutional violations within a specific time frame to prevent cases from dragging on for decades as defendants dream up new claims. Last year, the federal Ninth Circuit ruled that the time limit does not apply if the late claims are added to other claims already before the court and if they fall into the general category of challenging the legality of the trial. In the state’s appeal to the Supreme Court, CJLF argued that the Ninth Circuit ruling created a loophole which, if allowed to stand, would eliminate the time limit from the law. The Supreme Court agreed in a decision which utilized the Foundation’s arguments. [CJLF brief in PDF.]

 

Rompilla v. Beard 6/20/05 Loss Habeas Corpus
U. S. Supreme Court decision to overturn the death sentence of a Pennsylvania murderer. The defendant was convicted on irrefutable evidence of the robbery and stabbing murder of an Allentown bar owner. On appeal, the murderer claimed that his death sentence was invalid because his defense attorney did not present enough evidence of his troubled childhood to the sentencing jury. This claim was rejected by the state courts, accepted by a federal district judge, and later reversed by the federal Court of Appeals. When the Supreme Court accepted the murderer’s appeal, CJLF argued that the state court had reasonably decided the claim and that federal law required deference to its decision. [CJLF brief in PDF.]

 

Johnson v. California 6/13/05 Loss Jury: Batson prima facie
U. S. Supreme Court decision upholding a convicted murderer’s claim that California’s standard of proof for determining if racial bias may have occurred in jury selection was higher than the federal standard, and therefore unconstitutional. The case involved the second-degree murder conviction of a man for beating his girlfriend’s 18-month-old daughter to death. During jury selection, the defendant, who is black, claimed that the prosecutor had intentionally rejected blacks from the jury. The judge denied this claim finding that the defendant had not presented enough proof to meet the California standard. When his appeal was accepted for review in the Supreme Court, CJLF argued that California’s standard was consistent with federal rules. The Court disagreed. [CJLF brief in PDF.]

 

Medellin v. Dretke 5/23/05 Win Habeas Corpus: Vienna Conv.
U. S. Supreme Court decision to deny extended federal court review of a Mexican citizen’s claim that his Texas murder conviction violated his rights under international law. The case involved the conviction and death sentence of José Ernesto Medellín for the gang rape and murder of two teen-age girls in 1993. On appeal, he claimed that his rights were violated by the failure of police to notify the Mexican consulate in accordance with a 1963 international treaty. After a federal appeals court ruled that he could not raise the claim on federal habeas corpus, the Supreme Court agreed to consider the case. CJLF argued that a state court hearing would be sufficient to resolve such claims. At such a hearing, the burden would be on the defendant to prove that a failure to notify his government had a prejudicial effect on his trial or sentencing. The high court adopted the CJLF argument in its decision. [CJLF brief in PDF.]

 

Brown v. Payton 3/22/05 Win AEDPA: Boyde v. California
The U. S. Supreme Court decided that the California Supreme Court's decision upholding Payton's death sentence was not an unreasonable application of clearly established federal law. Payton was convicted of rape, first-degree murder, and two counts of attempted murder. At the sentencing trial, the prosecutor argued that the jury could not consider Payton's subsequent religious conversion as mitigating evidence. The California Supreme Court ruled that while this argument was improper, the death sentence should not be set aside. Applying an earlier U. S. Supreme Court decision upholding California's death penalty instructions, California's high court held that these instructions cured the prosecutor's comments. The Ninth Circuit held that this was an unreasonable application of Supreme Court precedent and ordered the death sentence vacated. The U. S. Supreme Court reversed, invalidating the Ninth Circuit's reasoning and finding the California decision reasonable. [CJLF brief in PDF.]

 

Howell v. Mississippi 1/24/05 Win Appeal: Issue not raised below
The U. S. Supreme Court decided that it did not have jurisdiction to review a claim that a Mississippi murderer never made in the state courts. Howell, looking for "an easy lick" to rob, shot and killed a retired postal worker who was delivering newspapers at 5:00 a.m. On appeal, he claimed that the judge's refusal to instruct on lesser offenses violated state law, but never claimed the refusal violated the federal Constitution. The Mississippi Supreme Court decided the instructions were proper under state law, in the circumstances of the case. Howell appealed to the U. S. Supreme Court, raising a constitutional claim for the first time. CJLF opposed this improper attempt to sandbag the state court. The Supreme Court agreed and dismissed the case. [CJLF brief in PDF.]

 

Florida v. Nixon 12/13/04 Win Ineffective Assistance
The Supreme Court held that Nixon's counsel was not unconstitutionally ineffective for conceding his client's guilt in closing argument in an effort to avoid the death penalty where counsel told his client about the strategy, the client did not object, and there was overwhelming evidence of guilt. [CJLF brief in PDF.]

 

People v. Griffin 8/9/04 Win Rape
California Supreme Court decision reinstating the forcible rape conviction of a Pasadena man who had been repeatedly molesting his girlfriend's daughter since she was ten years old. During these episodes, he warned the little girl that if she told about the molestations her mother would stop loving her. Finally, at the age of 17, after being raped by the man, the girl told her mother. In 2002, a Los Angeles appeals court voided his forcible rape conviction in a ruling which concluded that he had not used enough physical force, even though he had pinned the girl's arms down during the attack. When the Supreme Court agreed to review that ruling, CJLF joined the case to argue that the appeals court had misinterpreted both the law and precedent in order to spare this sexual predator. [CJLF brief in PDF.]

 

Rumsfeld v. Padilla 6/28/04 Win Habeas Corpus
CJLF wins a U. S. Supreme Court decision to prevent judge shopping by suspected terrorists. The case involved an American al Qaeda operative named Jose Padilla arrested in 2002 when he arrived in Chicago from Pakistan after spending three years being trained to conduct terrorist acts for al Qaeda. After Padilla was transferred to a South Carolina naval base on evidence that he was planning to set off a "dirty bomb" within the United States, an attorney joined by the ACLU petitioned the federal court in New York claiming that his detention was unconstitutional. Last fall, the New York appeals court ruled in his favor and ordered his release from military custody. When the government appealed that ruling to the Supreme Court, our Foundation joined the case. In its brief, CJLF argued that the lower court did not have jurisdiction to rule in the case and that the defendant can only attack his detention in the federal court district in South Carolina, where he is being held. The Supreme Court's precedent-setting decision adopted this position, preventing terrorists from forum shopping their claims to the extreme activist judges such as those on the Ninth Circuit. [CJLF brief in PDF.]

 

United States v. Patane 6/28/04 Win Self-incrimination

U. S. Supreme Court decision utilizing CJLF arguments to allow criminal evidence, voluntarily turned over to police, to be utilized even though the defendant did not receive his Miranda warning. The case involved the federal conviction of habitual felon Samuel Patane for possession of a firearm. When officers visited Patane's home for violating a restraining order prohibiting him from bothering his ex-girlfriend, he cut short his Miranda warning saying, "I know my rights." Patane then told an officer where to find his gun. The federal appeals court overturned his conviction, ruling that the gun was illegally obtained because Patane had not received a complete Miranda warning. CJLF joined the Supreme Court review of that ruling to argue that the warning is required to prevent a suspect from being compelled to incriminating himself, not to prevent physical evidence voluntarily given to police from being used in court. The high court agreed, preventing an extension of the Miranda decision and protecting the ability of juries to consider important criminal evidence. [CJLF brief in PDF.]

 

Beard v. Banks 6/24/04 Win Habeas corpus

CJLF wins a U. S. Supreme Court decision reinstating the death sentence of Pennsylvania mass murderer George Banks, who killed thirteen people in 1983, including seven children. This is the second time in two years that the Supreme Court has overturned the federal Third Circuit Court of Appeals in this case. The Court's June 17, 2002, summary decision overturned a Third Circuit ruling which had announced that a minor change in jury instructions, required in 1988 by Mills v. Maryland, voided Bank's death sentence, even though the change came long after Banks' trial. Utilizing CJLF arguments, the high court stated that the Third Circuit had "directly contravened" precedent and ordered the lower court to reconsider the case. Last year the same Third Circuit panel ruled that the new jury instruction required by Mills actually wasn't new and that Pennsylvania should have been using it when Banks was sentenced. The Supreme Court's June 2004 decision utilized CJLF arguments again to reject that ruling and reinstate the murderer's death sentence. Hopefully, this decision will mark the end of the line for Mr. Banks. [CJLF brief in PDF.]

 

Blakely v. Washington 6/24/04 Loss Jury trial

United States Supreme Court decision announcing that Washington's "guided discretion" sentencing law is unconstitutional. Guided discretion, which is used in a number of states and for federal sentencing, allows a judge to increase a convicted criminal's sentence based on the circumstances of the crime. The case involved a 7 1/2-year sentence given to a man who assaulted and kidnapped his estranged wife. Due to the violent circumstances of the crime, the judge increased the sentence beyond the 5-year presumed term. When the high court agreed to hear the criminal's claim that a jury must agree on any aggravating circumstances, CJLF argued that the Constitution does not require a jury finding and that such laws allow the judge to make the punishment fit the crime. [CJLF brief in PDF.]

 

Schriro v. Summerlin 6/24/04 Win Habeas corpus

CJLF wins a U. S. Supreme Court decision to uphold over 100 death sentences in Arizona, Montana, Idaho and Nevada. Utilizing Foundation arguments, the decision overturned a Ninth Circuit ruling which had announced that a procedural change required by the Supreme Court's 2002 decision in Ring v. Arizona was so important that it must be applied retroactively to death penalty cases in the four western states. The case involved a man (Summerlin) sentenced to death for the brutal rape and murder of an Arizona woman in 1981. After an unbroken line of state and federal court rulings denying the murderer's claims of trial and sentencing errors, the federal Ninth Circuit ruled last year that Summerlin and every other murderer whose case was pending in the federal courts must be re-sentenced with the new procedure. The Ring decision changed a rule that had allowed the sentencing judge in a murder case to determine if one or more aggravating circumstances associated with the crime (such as murder in conjunction with a rape or robbery) made the defendant eligible for the death penalty. The new rule requires the jury to find the aggravating circumstances. In the Supreme Court appeal, CJLF argued that because the new requirement did not effect the reliability of the sentence, it should not apply to death sentences which have already been affirmed on direct appeal. The Court agreed, deciding that the Ninth Circuit had, once again, misapplied the law. [CJLF brief in PDF.]

 

Hiibel v. District Court 6/21/04 Win Fourth Amendment: ID & Terry

CJLF wins a U. S. Supreme Court decision upholding state laws which require criminal suspects to identify themselves to police. The case involved a Nevada man suspected of assaulting a young woman who refused to identify himself to a police officer. Following his conviction for violating Nevada's identification law, the Supreme Court agreed to consider his claim that the law was unconstitutional, a claim the federal Ninth Circuit had upheld in a different case. CJLF joined the case to argue that when an officer has a reasonable suspicion that a crime has been committed, his request for the identity of a suspect is essential to the investigation and does not violate the Constitution. The Court's decision adopted this reasoning stating, "Asking questions is an essential part of police investigations. In the ordinary course, a police officer is free to ask a person for identification without implicating the Fourth Amendment." . [CJLF brief in PDF.]

 

Yarborough v. Alvarado 6/1/04 Win Witnesses: Discolure of identity

U. S. Supreme Court decision which utilized CJLF arguments to uphold the murder conviction of a Southern California gang member. The case involved the murder of a man in a mall parking lot by two youths who wanted to steal his pickup truck. After receiving a tip that 17-year-old Michael Alvarado was a participant in the murder, police asked his parents to bring him to the station for an interview. Alvarado was interviewed by a female officer who did not read him his Miranda rights. During the interview, Alvarado made incriminating statements about his involvement in the crime. At the end of the interview, he was told that he was free to leave. He was later arrested and convicted of second-degree murder based upon evidence which included his statements. Following state and federal rulings affirming his conviction, the federal Ninth Circuit overturned it, ruling that, because he had not received a Miranda warning, Alvarado's statements were improperly introduced as evidence. In the Supreme Court review of that ruling, CJLF argued that the California court's conclusion that Miranda did not apply to the questioning because Alvarado was not in custody, was a reasonable application of clearly established federal law and therefore the Ninth Circuit must defer to this decision. The high court's decision adopted this argument to reinstate the conviction and reject another improper Ninth Circuit ruling. [CJLF brief in PDF.]

 

Nelson v. Campbell 5/24/04 Loss Death penalty

A narrow U.S. Supreme Court ruling allowing a multiple murderer, who had ruined his veins injecting drugs, to challenge his lethal injection execution as cruel and unusual punishment in a civil lawsuit. On New Year's Eve 1977, Nelson robbed and killed a cab driver and an acquaintance he met in a bar and attempted to kill his girlfriend. In 2003, on the day he was to be executed, he filed a civil rights lawsuit in the Supreme Court claiming that because his veins were in such poor shape, the procedure required to give him a lethal injection was unconstitutional. CJLF joined the case to argue that federal rules prohibit review of this claim because it should have first been reviewed in state court on habeas corpus. The Court's decision allowed, under very narrow circumstances, this murderer's civil suit to proceed. [CJLF brief in PDF.]

 

Baldwin v. Reese 3/2/04 Win Habeas corpus

CJLF wins a U. S. Supreme Court decision to deny additional review of an Oregon kidnapper’s improperly presented claim. The case involved the 1991 conviction of Michael Reese for the kidnapping and sexual assault of a young woman. Four years after his conviction, Reese submitted a claim that his former appeals attorney had been incompetent. This claim was ruled meritless, and Reese’s new attorney reported that there was no remaining issues worthy of review. Reese attached a note to the report raising his claim of attorney incompetence with no supporting argument. The appellate court denied review. Before the Oregon Supreme Court, Reese’s attorney referred to the claim but again made no argument. Finding the claim improperly presented, the Oregon Supreme Court denied review. Later, the District Court cited federal law prohibiting federal court review of claims which are not properly presented in state court. The Ninth Circuit disagreed, ruling that the lower courts should have researched Reese’s claim themselves. In the Supreme Court, CJLF argued that it is the defendant’s responsibility to present proper argument in the state court or lose his opportunity to raise his claims in the federal courts. The Supreme Court’s decision will help to prevent this type of delay in other cases. [CJLF brief in PDF.]

 

Fellers v. United States 1/26/04 Win Self-incrimination

U.S. Supreme Court decision leaving unsettled whether the voluntary confession made by a defendant who properly hears and waives his Miranda rights can be excluded from trial because he made an earlier confession after he had been indicted without receiving his Miranda warning. The case involved the conviction of a habitual criminal for possession and conspiracy to sell methamphetamine. In February 2000, a federal grand jury indicted John Fellers on the drug charges, and police in Lincoln, Nebraska, contacted him at his home. During initial questioning, Fellers made statements indicating he was involved in the crime, although he was not under arrest and had not received a Miranda warning. Fellers was later arrested and advised of his Miranda rights, which he waived. He then made another statement tending to incriminate himself. The trial court excluded the first statement from the trial but admitted the second one. The federal appeals court affirmed on the ground that the first statement was not in response to interrogation. CJLF argued in the Supreme Court that any error by the police in obtaining the first statement did not affect the admissibility of the second, which was freely and voluntarily made. The Supreme Court reversed the appeals court’s decision, holding that the first statement was improperly taken, and sent the case back without resolving whether the second statement was admissible. [CJLF brief in PDF.]

 

United States v. Patane 1/13/04 Win Search and seizure

U. S. Supreme Court decision to uphold a police checkpoint seeking information about a recent crime. The case involved a checkpoint set up by Illinois police at the scene of a fatal, hit-and-run accident which had occurred one week earlier at about the same time of day. The officers briefly stopped all motorists to hand out flyers requesting help from those who may have witnessed the accident. Robert Lidster's erratic driving as he approached the checkpoint caused police to administer sobriety tests, which he failed. Lidster was arrested and found guilty of driving under the influence of alcohol. An Illinois appellate court reversed Lidster's conviction, ruling the checkpoint unconstitutional. The Illinois Supreme Court later affirmed the decision. In the U. S. Supreme Court review of the case, CJLF argued that the checkpoint balanced a minimal intrusion of motorists with the important goal protecting the public from a dangerous criminal. The Supreme Court's decision utilized CJLF arguments to overturn the lower court and allow the use of similar checkpoints in every state. [CJLF brief in PDF.]

 

Maryland v. Pringle 12/15/04 Win Search and seizure

U. S. Supreme Court which utilized CJLF arguments to uphold the authority of police to arrest the occupants of a car after a large quantity of illegal drugs were found and everyone in the vehicle denied ownership. The case involved a car with three passengers stopped for speeding in Baltimore shortly after 3:00 a.m. As the driver opened the glove compartment to retrieve the registration, the officer saw a large roll of cash and became suspicious. The driver consented to a search of his car, which turned up baggies containing cocaine hidden behind the backseat armrest and over $700 in cash in the glove compartment. When none of the occupants admitted to owning the cocaine, the officer arrested all three. Passenger Joseph Pringle later confessed at the police station. The Maryland Court of Appeals struck down the confession, ruling that the officer did not have probable cause to arrest Pringle. CJLF joined the case to argue that the Maryland court took the wrong approach. It was certain that a crime had been committed, the only question was who had committed it. The Supreme Court agreed that under such circumstances, it was proper to arrest all the suspects and use further investigation to solve the crime. [CJLF brief in PDF.]

 

Oken v. Maryland 11/17/03 Win Retroactivity
Maryland Court of Appeals decision which utilized CJLF arguments to reject a murderer's claim that a 2002 Supreme Court ruling required that he receive a new sentencing hearing 12 years after his conviction for the rape and murder of Dawn Garvin, the young wife of a naval recruit. The case involved the high court's ruling in the case of Ring v. Arizona which changed a procedure used by, at most, nine states. The procedure had allowed a judge rather than a jury to determine of the circumstances of a murder made the convicted criminal eligible to receive a death sentence. Even though Maryland was not among the states which used that procedure, triple-murderer Steven Oken claimed that the Ring decision also required a higher standard of review for sentencing juries as they determine if a murderer should receive life in prison or the death penalty. CJLF joined the case at the request of Dawn Garvin's family. Before Maryland's highest court, the Foundation argued that Oken had misinterpreted the Supreme Court's decision in order to add further delay to his death sentence. . [CJLF brief in PDF.]

 

Wiggins v. Smith 6/26/03 Loss Ineffective assistance
U. S. Supreme Court decision to void the death sentence of a murderer who claimed that his lawyers were incompetent. The case involves the death sentence of Kevin Wiggins for the murder and robbery of a 76-year-old Maryland woman. Following his conviction, a hearing was held to determine if Wiggins should receive life in prison or a death sentence. In preparation, his attorneys conducted a preliminary investigation of Wiggins' troubled background but decided against using it in his defense. At the hearing, the attorneys introduced expert testimony questioning the finding of guilt and encouraged the jury to sentence him to prison. The jury sentenced him to death, and the trial and sentence were upheld on direct appeal. On habeas corpus, Wiggins claimed that, by failing to exhaustively investigate his background, his attorneys failed to adequately represent him. CJLF argued the murderer's claim should be rejected because the defense attorneys made a reasonable judgment regarding the best strategy to pursue. The high court held that the judgment was not reasonable in this case. [CJLF brief in PDF.]

 

Bazzetta v. Overton 6/16/03 Win Prisoner civil rights
U. S. Supreme Court case which involved a legal challenge to the rules governing visits to inmates in Michigan prisons. In 1995, the Michigan Department of Corrections adopted new visitation regulations in response to the growth in prison population and the increase in visitation. The new rules 1) prohibited visits by children and former inmates who are not in the inmate's immediate family; 2) prohibited visits by children if the inmate's parental rights have been terminated; 3) required that children be accompanied by a parent or guardian; and 4) allowed for the suspension of visitation, with the exception of attorneys and clergy members, for a minimum of two years if the inmate was caught twice with illegal drugs. Following the adoption of the rules, several inmates filed a federal lawsuit, claiming the state was violating their constitutional rights. The Sixth Circuit Court of Appeals agreed, finding that the visitation rules were unnecessary for the orderly running of prisons. CJLF filed an amicus curiae brief, arguing that, with rare exceptions, the administration of state prisons should not be subject to second-guessing by the federal courts, that prison inmates are not entitled to the same rights as law-abiding citizens, and that controlling visitors and suspending visitation when inmates are caught with drugs are necessary to assure prsion security and inmate discipline. The U. S. Supreme Court reversed the Sixth Circuit in a unanimous decision, utilizing arguments from the CJLF brief. It held that whether or not there is a right to family association in prison, it does not support striking down these regulations which advance valid peneological goals. [CJLF brief in PDF.]

 

Virginia v. Hicks 6/16/03 Win First Amendment
U. S. Supreme Court decision overturning a 2002 Virginia Supreme Court ruling which held that an effort to reduce crime in a Richmond housing project was unconstitutional. The case involved a law limiting access to the crime-ridden public housing project to residents or people who had legitimate reason to visit. City streets running through the project were closed and gang members and other troublemakers who came on the property were cited for trespassing. After the state's highest court struck down the law for being overly broad, our Foundation joined the Supreme Court's review of the case to argue that cities need broad authority to protect the safety of people living in government supported housing. The CJLF brief pointed out that crime in housing projects devastate the lives of those who live there and that restricting the access of nonresidents was a reasonable step to reduce crime and protect residents. The Court's unanimous decision to uphold the law has cleared the way for other cities to take similar steps to control crime in public housing projects. [CJLF brief in PDF.]

 

Chavez v. Martinez 5/27/03 Win Civil rights suits
U. S. Supreme Court decision utilizing CJLF arguments to reject a criminal suspect's claim that he had the right to sue a police officer who asked him questions he did not want to answer. The case involved a police stop and frisk of a suspected drug dealer in Oxnard, CA. During a pat down, an officer found a knife and a struggle ensued. When the officer warned his partner that the suspect (Martinez) had his gun, she shot Martinez. During treatment in the emergency room, Martinez was questioned by a sergeant about the incident. Although he was never charged with a crime, Martinez sued the sergeant who questioned him, claiming that the interview violated his rights. The District Court and federal Ninth Circuit Court of Appeals ruled that the questioning in this case violted the Miranda decision. CJLF joined the appeal of those rulings to argue that neither Miranda nor the Fifth Amendment provides a person who doesn't want to be questioned with the right to sue an officer. A person's rights are only violated if involuntary statements are introduced as evidence against him in a criminal trial. The Court's precedent-setting decision protects officers in every state from this kid of lawsuit. [CJLF brief in PDF.]

 

Price v. Vincent 5/19/03 Win Double Jeopardy
U. S. Supreme Court decision voiding an appeals court ruling which had misinterpreted the Constitution's double jeopardy protection. The case involved the first-degree murder conviction of Duyonn Vincent for a 1992 shooting in a high school parking lot. Vincent and a friend were both charged with firing shots which killed the victim. During the trial, the judge stated that he would support a defense motion to remove the charge of first-degree murder because the prosecutor had not met the standard of proof. But after he heard the prosecutor's argument against that motion he announced that he would leave the decision regarding the degree of murder to the jury. On appeal, Vincent claimed that the judge's actions exposed him to double jeopardy. The state Supreme Court denied the claim, noting that the judge had not formally granted an acquittal as required by Supreme Court precedent. On habeas corpus, the federal Sixth Circuit Court of Appeals disagreed, brushing aside the state court's analysis in order to overturn the conviction. CJLF joined the case to argue that the Sixth Circuit's ruling misapplied Supreme Court precedent and defied a federal requirement that it respect the state court's decision. [CJLF brief in PDF.]

 

Virginia v. Black 4/7/03 Win First Amendment
U. S. Supreme Court decision utilizing CJLF arguments to permit states to criminalize the burning of a cross with the intent to intimidate. The case involved one incident where two men placed a cross in a black neighbor's yard and attempted to burn it, and another incident where a man burned a cross during a Ku Klux Klan rally held on private property with owner's permission. The defendants in both cases were convicted under a Virginia law which prohibits cross burning. Virginia's highest court overturned both convictions, ruling that the law was overly broad and violated the First Amendment. CJLF joined the case to encourage a decision permitting state court review of a broadly written statute to distinguish threats of violence from protected speech. [CJLF brief in PDF.]

 

Woodford v. Garceau 3/25/03 Win Habeas Corpus
U. S. Supreme Court decision rejecting a California murderer's claim that a federal law enacted to speed review of death penalty cases did not apply to him. The Court's decision overturned a 2001 ruling by the Ninth Circuit which held that a case commences when a defendant requests counsel for federal habeas corpus, not when he actually files a petition for review. That ruling had spared the murderer of a woman and her young son from the strict limits on federal court review which became law in 1996. CJLF argued that every other federal circuit court which considered the issue ruled that a case is before the court when the petition is filed. The high court's decision utilized CJLF arguments. [CJLF brief in PDF.]

 

Ewing v. California 3/5/03 Win Sentencing
U. S. Supreme Court decision utilizing CJLF arguments to find that California's "Three Strikes" sentencing law does not violate the constitutional bar against "cruel and unusual punishment." The case involved a habitual criminal, with prior convictions for several violent and serious crimes, who qualified for a 25-years-to-life sentence after his latest conviction for grand theft. After a state appellate court rejected the defendant's claim that his sentence was unconstitutional, the nation's highest court accepted the case for review. CJLF joined the case to argue that the Court upheld habitual criminal sentencing laws in earlier decisions and that a ruling favoring the defendant could void such laws in virtually every state. [CJLF brief in PDF.]

 

Lockyer v. Andrade 3/5/03 Win Sentencing
U. S. Supreme Court decision overturning a 2001 Ninth Circuit ruling that voided a sentence under California's "Three Strikes" sentencing law. The high court utilized CJLF arguments in its decision which held that the Ninth Circuit misinterpreted an act of Congress which prohibits a federal court from reversing a state court decision based only on a disagreement with the result. In this case, the Ninth Circuit disagreed with the state Court of Appeal, Supreme Court and the federal District Court in order to announce that the sentencing law was unconstitutional. CJLF joined the case to argue taht the law requires the lower federal courts to respect state court decisions in criminal cases unless the state court clearly violated U. S. Supreme Court precedent. [CJLF brief in PDF.]

 

Connecticut DPS v. Doe 3/5/03 Win Due Process
U. S. Supreme Court decision utilizing CJLF arguments to uphold Connecticut's version of "Megan's Law," which posts the names of all convicted sex offenders on a registry available to the public via the internet. The case involved a sex offender's lawsuit, claiming that the law was unconstitutional because it did not allow him to prove he was not a danger to the public. The high court agreed to hear the case after a federal District Court and Court of Appeals ruled in his favor. CJLF argued that the names of persons convicted of crimes are a matter of public record and states are not required to provide a forum for criminals to litigate the public disclosure of their criminal records. [CJLF brief in PDF.]

 

Abdur'Rahman v. Bell 12/10/02 Win Habeas corpus
U. S. Supreme Court rejection of a Tennessee murderer's claim that the constitution rquired a second round of federal habeas corpus review of his death sentence. The case involved the conviction and death sentence of a murderer who brutally stabbed a Nashville man to death and attempted to kill a woman. For the 16 years following his conviction, Abdur'Rahman dragged numerous error claims through the state and federal courts. On habeas corpus, he included one claim which he had chosen not to present to the Tennessee Supreme Court. After the lower federal courts denied review of the claim, the high court agreed to hear his argument that a rule of civil procedure required an additional review. CJLF joined the case to argue that specific federal rules limiting successive review in criminal cases take precedence. [CJLF brief in PDF.]

 

Stewart v. Smith 6/28/02 Win Habeas corpus
U. S. Supreme Court decision summarily reversing the Ninth Circuit Court of Appeals for misinterpreting precedent in order to allow review of a murderer's claim of lawyer incompetence. The case involved the death sentence of a Texas man for the kidnapping, rape, and murder of Tucson woman. Because his lawyer-incompetence claim was improperly raised (raised for the first time after two rounds of state habeas corpus), it was barred from review under Arizona law. Ignoring this, the Ninth Circuit ordered review of the claim. CJLF filed arguments pointing out that the Ninth Circuit violated precedent to spare the murderer.

 

Harris v. United States 6/24/02 Win Sentencing
U. S. Supreme Court decision to uphold mandatory minimum sentencing laws used to punish the most dangerous state and federal criminals. These laws allow a judge to determine if factors of the crime (such as use of a gun) qualify a criminal for a mandatory sentence. The case involved a North Carolina pawn shop owner who received a mandatory sentence for brandishing a gun while selling drugs to an undercover police officer. On appeal, the criminal claimed that his use of a gun should have been found by a jury rather than the sentencing judge. CJLF urged the Court to uphold its own precedent to preserve this widely used procedure. [CJLF brief.]

 

Ring v. Arizona 6/24/02 Loss Death penalty
U. S. Supreme Court ruling announcing that a sentencing procedure it had ruled constitutional 12 years ago is now unconstitutional. The case involves the death sentence of an Arizona man for the murder of an armored car driver during a robbery. Under a procedure approved by the Supreme Court's 1990 decision in Walton v. Arizona, the sentencing judge found that the killing qualified as a death penalty offense. When the case was accepted for review, CJLF urged the high court not to change the rules, noting that nine states and nearly 700 death sentences relied upon this procedure. [CJLF brief.]

 

Atkins v. Virginia 6/20/02 Loss Death penalty
U. S. Supreme Court ruling announcing that the Constitution forbids sentencing mentally retarded murderers to death. In 1989 the Court came to the opposite conclusion in Penry v. Lynaugh. The case involves a Virginia man sentenced to death for the kidnapping, robbery and execution of a young airman. When the high court agreed to review the killer's retardation claim, CJLF joined the case to argue that the Court should abide by its own precedent and any exemption for retarded persons should be decided legislatively, not grafted on to the Constitution. [CJLF brief.]

 

Horn v. Banks 6/17/02 Win Habeas corpus
U. S. Supreme Court decision to reinstate the death sentence of a multiple murderer and rebuke the federal appeals court for a ruling which had spared him. The case involved the 1982 conviction and death sentence of a Pennsylvania man who killed 13 people during a shooting spree. On habeas corpus, the murderer claimed that his sentence was void because standard jury instructions were revised 5 years after his trial. Last year, the federal Third Circuit Court of Appeals overturned the lower court's ruling in order to uphold the claim and void the death sentence. CJLF filed arguments showing that the Third Circuit's ruling ignored two earlier Supreme Court decisions (won by CJLF) to spare the murderer.

 

Carey v. Saffold 6/17/02 Draw Habeas corpus
U. S. Supreme Court decision announcing that the Congressional time limit on filing habeas corpus petitions does not apply to defendants who move their habeas corpus claims through the state courts in a reasonably prompt manner. Those who waste an excessive amount of time will have it counted against them when they file for federal habeas corpus. CJLF joined the case to encourage a decision requiring that all time lapses between the filing of state petitions count against the one-year federal time limit. [CJLF brief.]

 

Bell v. Cone 5/28/02 Win Habeas corpus
U. S. Supreme Court decision which utilized CJLF arguments to reinstate the death sentence of a man who beat an elderly Tennessee couple to death during a burglary. The case involved a federal appeals court ruling which accepted the murderer's claim that his attorney was incompetent after the state supreme court and the federal District Court found it groundless. CJLF joined the Supreme Court review of that ruling to argue that the federal court violated its authority and misinterpreted Supreme Court precedent in order to spare the murderer. [CJLF brief.]

 

Mickens v. Taylor 3/27/02 Win Habeas corpus
U. S. Supreme Court decision to uphold the conviction and death sentence of a habitual sex offender who sodomized and brutally murdered a young Virginia man in 1992. After years of appeals, the murderer claimed for the first time that his trial attorney had a conflict of interest because he had briefly represented the murder victim on a minor charge. Although the murderer presented no evidence that this had in any way affected his case, a federal appeals court panel overturned his conviction. When the high court agreed to review the case, CJLF joined the case to argue that upholding a conflict claim without any indication of an adverse effect needlessly overturned a valid, reliable judgment. [CJLF brief.]

 

Manduley v. Superior Court 2/28/02 Win Separation of powers
The California Supreme court upheld the constitutionality of Proposition 21, California's Gang Violence and Juvenile Crime Prevention Act. In a 6-1 decision, the high court held that the new law's provision which gave prosecutors the discretion to bypass juvenile court and prosecute certain violent juvenile offenders directly in adult court did not violate the constitutional separation of powers doctrine. The court also rejected equal protection and due process attacks on this provision and held that Proposition 21 did not violate the single subject rule.  [CJLF brief.]

 

Lee v. Kemna 1/22/02 Loss Habeas corpus
U. S. Supreme Court ruling that a defendant's improperly presented claim should have been heard on federal habeas corpus. The case involves the trial judge's decision to deny a murderer's request for a continuance in order to round up witnesses who left before taking the stand. The state court of appeal rejected the claim that the defendant's rights were denied, finding that he had failed to present evidence to support his request as required under state rules. Later, both a federal judge and the Court of Appeals refused to hear the case because claims which violate state rules are barred from federal court review. CJLF joined the case to encourage a decision upholding the state procedural bar.  [CJLF brief.]

 

State v. Kleypas 12/28/01 Win Death penalty
Kansas Supreme Court decision to uphold the state's death penalty law with the exception of a sentencing jury instruction it wants modified. The case involved the attempted rape and murder of a co-ed by a man on parole for a previous murder. The murderer appealed his death sentence claiming that the Kansas death penalty law was unconstitutional. CJLF joined the case to argue that the state's law complied with U. S. Supreme Court precedent. The Court's decision agreed, but held that a required instruction to the sentencing jury should be changed.  [CJLF brief.]

 

United States v. Knights 12/10/01 Win Search & Seizure
U. S. Supreme Court decision allowing police to search the homes of criminals on probation without a warrant. The case involved a habitual criminal on probation suspected of firebombing California power facilities. Police searched his home and found incriminating evidence, but the federal Ninth Circuit Court of Appeals ruled the search illegal, announcing that the Constitution only allows searches for rehabilitative purposes. CJLF joined the case to argue that public safety requires that criminals free on probation be subject to police searches. The Court agreed, utilizing CJLF arguments in its decision.  [CJLF brief.]

 

Tyler v. Cain 6/28/01 Win Habeas corpus
United States Supreme Court decision upholding a limit on the number of times a conviction can be challenged on federal habeas corpus. The case involves the 1978 murder conviction of Melvin Tyler who, during a drunken rage, fired a gun through the window of his girlfriend's Louisiana home, killing their infant daughter. Tyler's challenges to his conviction were rejected by both state and federal courts on direct appeal and habeas corpus. In 1990, a Supreme Court decision struck down a jury instruction used in Tyler's trial. Five years later, a Louisiana court rejected his claim that the Supreme Court's decision should be applied retroactively to void his conviction. The next year, Congress enacted a law prohibiting a second round of federal habeas corpus review of any claim that was available to the defendant but not raised in a previous federal petition, except for rule changes made retroactive by the Supreme Court. After two federal courts cited the new law to deny further review of Tyler's claim, the high court agreed to consider it. CJLF argued that no additional review was allowed because the Court has not made its jury instruction decision retroactive. The Court utilized CJLF arguments to adopt this reasoning.  [CJLF brief.]

 

Saucier v. Katz 6/18/01 Win Civil rights suits
United States Supreme Court decision to overturn a federal Ninth Circuit Court of Appeals ruling, which would have made it far easier to sue law enforcement officers for excessive force. The case involved an animal rights protester who had attempted to disrupt an event held at the Presidio Army Base in San Francisco. Two enlisted men assigned to police the event, apprehended the protester, hustled him into a van and pushed him inside. The protester was then searched, handcuffed and taken to a miliary police station where he was released after the event concluded. Although he had suffered no injuries, the protester and an animal rights group filed a federal lawsuit, claiming that the guards had used excessive force in removing him. In spite of a Supreme Court decision which provides government officials qualified immunity from lawsuits unless their actions were clearly illegal, the Ninth Circuit ruled that the protester's lawsuit could go forward. CJLF joined the government's appeal to argue that by undermining the standard of qualified immunity, the Ninth Circuit's ruling would encourage federal lawsuits and discourage the police from doing their jobs. The high court agreed, utilizing CJLF arguments in its decision.  [CJLF brief.]

 

Duncan v. Walker 6/18/01 Win Habeas corpus
United States Supreme Court decision upholding the time limit for criminal defendants to challenge their state convictions in federal court. The case involved the New York robbery conviction of a habitual criminal who intentionally filed his claims in the wrong court in order to avoid the one-year time limit for filing his federal habeas corpus petition. When a federal district judge refused to hear his challenge after the time limit had expired, the defendant won a federal appeal's court ruling, announcing that the clock stops when a defendant files his claim in the wrong court. CJLF joined the Supreme Court appeal of that holding to argue that the intent of Congress in enacting the time limit, which is to prevent years of unnecessary court review, is undermined when defendants can avoid it by ignoring the rules by intentionally filing claims in the wrong court. The Supreme Court's decision adopting this position utilizing arguments introduced in the Foundation's brief.  [CJLF brief.]

 

Penry v. Johnson 6/4/01 Loss Death penalty sentencing
United States Supreme Court decision regarding evidence and jury instructions in capital sentencing proceedings. The high court held that the instructions used in the case did not inform the jury with sufficient clarity that they could consider mitigating factors outside the three "special issues" in the Texas sentencing statute. However, the court upheld the Texas court's decision to allow the use in evidence of a psychological evaluation from the defendant's prior rape conviction in this case of rape and murder.  [CJLF brief.]

 

Daniels v. United States 4/25/01 Win Habitual criminals
United States Supreme Court decision to prevent criminals from challenging the validity of prior convictions during federal court review of the conviction for a new crime. The case involves a habitual felon, convicted of illegal possession of a firearm, who faced a lengthy prison sentence under the federal armed career criminal act. On federal habeas corpus the criminal attempted to argue that his prior convictions, which qualified him for the longer sentence, were improper. The appeals court ruled that he could not attack his priors during review of a new conviction. When the Supreme Court accepted his appeal of that ruling, CJLF joined the case to argue that the proper time for a defendant to challenge the validity of a conviction on habeas corpus is while he is serving his sentence for that crime, not years later when challenging his sentence for a new crime. The Supreme Court agreed, utilizing CJLF arguments in a precedent-setting decision which will help to prevent habitual criminals from avoiding the longer confinement they have earned.  [CJLF brief.]

 

Murphy v. Shaw 4/18/01 Win Civil rights suits
United States Supreme Court decision rejecting a federal Ninth Circuit holding that prison inmates have a First Amendment right to aid in the legal defense of other inmates. The case stems from a lawsuit filed by a Montana inmate who claimed that prison security rules unconstitutionally prohibited him from providing legal aid to another inmate charged with assaulting a guard. Although a district judge dismissed his claim as groundless, the federal Ninth Circuit reversed in a ruling which discovered special First Amendment protection for jailhouse lawyers. When the Supreme Court agreed to review the case, CJLF filed arguments stressing that there is no special protection for jailhouse lawyers and by inventing one, the lower court undermines state control and security in their prisons. The Court agreed utilizing CJLF arguments in its decision.  [CJLF brief.]

 

Texas v. Cobb 4/2/01 Win Counsel
United States Supreme Court decision reinstating the conviction and death sentence given to a Texas man who murdered a young mother and her infant daughter. Initially, the murderer pled guilty to burglarizing the victims' home, but he denied knowledge of the whereabouts of the woman and child, who had disappeared. Months later, he confessed and led police to the bodies. The Texas appeals court overturned the conviction, ruling that although the defendant had waived his Miranda rights when he confessed, the Constitution did not allow police to question him on the murders without the presence of his burglary attorney. At the request of the Texas Attorney General, CJLF joined the appeal of this decision to the United States Supreme Court. Our brief argued that the right to counsel is specific to the offense. Police should not be precluded from obtaining a voluntary confession, by otherwise valid, proper questioning, merely because the crime is related to another crime for which charges are pending. The high court agreed, using CJLF arguments in its decision.  [CJLF brief.]

 

People v. Atkins 3/12/01 Win Mental defenses
California Supreme Court decision prohibiting the use of voluntary intoxication as a defense to the crime of arson. The case involved the conviction of an arsonist which was overturned by an appeals court ruling because the defendant was not allowed to claim that he could not be held fully responsible for his actions because he was drunk when he set the fire. CJLF joined the Supreme Court appeal of that ruling to argue that arson, like rape and assault, is a "general intent" crime which cannot be excused by intoxication.  [CJLF brief.]

 

Alabama Dept. of Youth Services v. Ash 2/21/01 Win Civil Rights Suits
United States Supreme Court decision prohibiting prison employees (and inmates) from filing federal discrimination lawsuits against the states under the Americans with Disabilities Act. The case involved an Alabama prison guard with a sleeping disorder who filed an ADA lawsuit claiming he was discriminated against because the state did not put him on the day shift. The Court agreed with the Foundation that allowing state employees to sue states in federal court violated the Constitution.  [CJLF brief.]