United States Supreme Court MARYLAND, PETITIONER v. JAMES KULBICKI(2015) No. 14-848 Argued:Decided: October 05, 2015 PER CURIAM. A criminal defendant “shall enjoy the right . . . to have the Assistance of Counsel for his defence.” U. S. Const., Amdt. 6. We have held that this right requires effective counsel in both state and federal prosecutions, even if the defendant is unable to afford counsel. Gideon v. Wainwright, 372 U. S. 335, 344 (1963). Counsel is unconstitutionally ineffective if his performance is both deficient, meaning his errors are “so serious” that he no longer functions as “counsel,” and prejudicial, meaning…
Year: 2015
MARVIN PLUMLEY, WARDEN v. TIMOTHY JARED AUSTIN (2015)
United States Supreme Court MARVIN PLUMLEY, WARDEN v. TIMOTHY JARED AUSTIN(2015) No. 14-271 Argued:Decided: July 21, 2015 The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied. JUSTICE THOMAS, with whom JUSTICE SCALIA joins, dissenting from the denial of certiorari. Forty-six years ago, this Court created a presumption of judicial vindictiveness that applies when a judge imposes a more severe sentence upon a defendant after a new trial. North Carolina v. Pearce, 395 U. S. 711, 725-726 (1969). That presumption was–and remains–an anomaly in our law, which ordinarily…
GLOSSIP ET AL. v. GROSS ET AL. (2015)
United States Supreme Court GLOSSIP ET AL. v. GROSS ET AL.(2015) No. 14-7955 Argued: April 29, 2015Decided: June 29, 2015 Because capital punishment is constitutional, there must be a constitutional means of carrying it out. After Oklahoma adopted lethal injection as its method of execution, it settled on a three-drug protocol of (1) sodium thiopental (a barbiturate) to induce a state of unconsciousness, (2) a paralytic agent to inhibit all muscular-skeletal movements, and (3) potassium chloride to induce cardiac arrest. In Baze v. Rees, 553 U. S. 35, the Court held that this protocol does not violate the Eighth Amendment’s…
RICHARD GERALD JORDAN v. MARSHALL L. FISHER, COMMISSIONER, MISSISSIPPI DEPARTMENT OF CORRECTIONS ET AL. (2015)
United States Supreme Court RICHARD GERALD JORDAN v. MARSHALL L. FISHER, COMMISSIONER, MISSISSIPPI DEPARTMENT OF CORRECTIONS ET AL.(2015) No. 14-8035 Argued:Decided: June 29, 2015 The petition for a writ of certiorari is denied. JUSTICE SOTOMAYOR, with whom JUSTICE GINSBURG and JUSTICE KAGAN join, dissenting from the denial of certiorari. Three times, the same prosecutor sought and obtained a death sentence against petitioner Richard Jordan. And each time, a court vacated that sentence. After Jordan’s third successful appeal, the prosecutor entered into a plea agreement whereby Jordan would receive a sentence of life without the possibility of parole.…