« "Making Hard Time Harder: Programmatic Accommodations for Inmates with Disabilities Under the Americans with Disabilities Act" | Main | "Religious Objections to the Death Penalty after Hobby Lobby" »

June 22, 2016

Anyone interested in making bold predictions on the last four criminal cases still to be decided by SCOTUS this Term?

Amy Howe at SCOTUSblog has this helpful new post reviewing the final eight cases still to be resolved by the eight Justices before they take their summer vacations.  Some of these opinions will be handed down tomorrow and the others are likely to be released early next week.  Notably, four of the remaining eight are criminal cases (and I am leaving out of this accounting the big immigration case).  Here are Amy's review of the four criminal cases left:

Voisine v. United States (argued February 29, 2016). Stephen Voisine and William Armstrong, the other petitioner in this case, both pleaded guilty in state court to misdemeanor assaults on their respective domestic partners. Several years later, each man was charged with violating a federal law that prohibits the possession of firearms and ammunition by individuals who have previously been convicted of a misdemeanor crime of domestic violence.  Voisine and Armstrong contend their state convictions (which the First Circuit affirmed) do not automatically qualify as misdemeanor crimes of domestic violence because the state-law provisions can be violated by conduct that is merely reckless, rather than intentional.

Birchfield v. North Dakota (argued April 20, 2016).  Twelve states and the National Park Service impose criminal penalties on suspected drunk drivers who refuse to submit to testing to measure their blood-alcohol levels. The question before the Court is whether those penalties violate the Fourth Amendment, which only allows police to “search” someone if they have a warrant or one of a handful of exceptions to the warrant requirement applies. Three drivers from North Dakota and Minnesota argue that neither of those conditions is met, and so the laws must fall.   The North Dakota and Minnesota Supreme Courts ruled in favor of the states, and now the Justices will weigh in.

Mathis v. United States (argued April 26, 2016).  After having been convicted of several burglaries in Iowa, Richard Mathis was later prosecuted by the federal government for being a felon in possession of a firearm and received a mandatory minimum sentence under the Armed Career Criminal Act based on his burglary convictions.  The Eighth Circuit affirmed his conviction.  The question before the Court is how to determine whether state convictions like Mathis’s qualify for federal mandatory minimum sentences and for removal under immigration law.

McDonnell v. United States (argued April 27, 2016).  Former Virginia governor Bob McDonnell is challenging his convictions for violating federal laws that make it a felony to agree to take “official action” in exchange for money, campaign contributions, or anything else of value. The Fourth Circuit affirmed, and so the Justices agreed to weigh in.  He argues that merely referring someone to an independent decision maker – in his case, in an effort to help promote a Virginia businessman’s nutritional supplement – doesn’t constitute the kind of “official action” that the statute bars.

I think it is possible that any of these cases could turn into a blockbuster, and Birchfield and McDonnell arguably require the Justices to do some "big" jurisprudential work to resolve the issues before them. Narrow/technical rulings seem more likely in Voisine and Mathis, though the former may get some extra attention in light of the on-going political discussions and sparring over gun control following the Orlando shootings and the latter seems sure to add yet another chapter to the lengthy and complicated ACCA jurisprudence.

As we await these final rulings (and especially because all are sure to be eclipsed in the mainstream media by the abortion, affirmative action and immigration cases also on tap), I would be eager to hear from readers about what they are expecting or even hoping for as the SCOTUS Term winds down.

June 22, 2016 at 05:51 PM | Permalink

Comments

I will be amazed if North Dakota wins inBirchfield. The civil penalty of automatic revocation for failure to cooperate will remain fine but not criminal prosecution.

Posted by: Soronel Haetir | Jun 22, 2016 7:09:36 PM

I'm a defense lawyer with a long memory (experience) and I think Voisine and Mathis could be very instructive for lawyers who have or who are filing 2255 petitions in the next few days based upon Johnson v. US. Johnson found the "residual clause" of the ACCA was void for vagueness. Voisine and Mathis will hopefully be very illuminating as to how SCOTUS deals with the potentially abrogated "modified categorical" approach and the scope of the elements clause of 922(g), ACCA, and 924(c) et al.

Posted by: ? | Jun 22, 2016 11:09:48 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB