Legal Commentary

Supreme Court Grants Cert in 14 Cases

By Jeralyn

The Supreme Court Justices held their annual conference yesterday and announced 14 cases will receive review. The full order list is here. Via Sentencing Law and Policy, here are the criminal cases:

• Kentucky v. King, concerning exigent circumstances (lower court opinion)
• US v. Tinklenberg, concerning speedy trial rights (lower court opinion)
• Bullcoming v. New Mexico, concerning Confrontation Clause rights (lower court opinion)
• Freeman v. US, concerning crack sentence reduction authority (lower court opinion)
• Sykes v. US, concerning application of Armed Career Criminal Act (lower court opinion)
• U.S. v. Denedo (lower court opinion)

In the Kentucky case, the Court will decide whether police can use evidence they seized breaking into the wrong apartment following a drug suspect. [More...]

It began when police in Lexington followed a suspected drug dealer as he entered an apartment building.

They walked down a hallway and, detecting the smell of marijuana, broke into an apartment. They did not have a search warrant. Inside, they found Hollis King and two others with marijuana and crack cocaine. King was arrested and pleaded guilty, but he also contended the search of his apartment was illegal — because the original suspect apparently had gone into an apartment across the hall.

A civil case involving Anna Nicole Smith and Howard K. Stern also made the cut.

Full post as published by TalkLeft on September 29, 2010 (boomark / email).