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Supreme Court vacates in Greenlaw and Rothgery

By Douglas A. Berman

Here's an early report from SCOTUSblog on the two criminal justice opinions released by the Supreme Court this morning: The Court has released the opinion in Greenlaw v. United States (07-330), on whether a federal court of appeals may increase a criminal defendant?s sentence in the absence of a cross-appeal by the government. The ruling below, which increased the defendant?s sentence, is vacated and remanded. Justice Ginsburg wrote the opinion. Justice Alito dissented, joined by Justice Stevens and joined in part by Justice Breyer.... The Court has released the opinion in Rothgery v. Gillespie County (07-440), on the point at which adversarial proceedings have been initiated against an individual for purposes of triggering his Sixth Amendment right to appointed counsel...continue to full post

Full post as published by Sentencing Law and Policy on June 23, 2008 (boomark / email).