Federal Judiciary

Today at the Court

By Akin Gump Supreme Court Practice Group

The Court is expected to release orders at 10 a.m.  Then it will hear oral arguments in three cases:

~10 a.m. – In Berghuis v. Thompkins (08-1470), the Court will consider whether a criminal defendant waives his Fifth Amendment rights when he is given a Miranda warning and verbally acknowledges that he understands his rights, but he neither invokes nor waives them explicitly. Ray Seilie of Harvard Law School discussed the case yesterday for SCOTUSblog.

~11 a.m. – The Court will hear argument in Holland v. Florida (09-5327) regarding whether, in a capital case, the time to file a habeas plea should be extended due to the defense lawyer’s negligence.  Harvard Law School student Kate Wevers previews the case here.

~1 p.m. – In the afternoon argument, Skilling v. United States (08-1394), the Court will consider the constitutionality and scope of the “honest services” fraud law and whether in a criminal case the government must rebut a presumption of jury prejudice when there is extensive pre-trial publicity regarding a case.  Lyle Denniston analyzed the arguments in the case last week on SCOTUSblog.

Full post as published by SCOTUSBLOG on March 01, 2010 (boomark / email).