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December 13, 2019

Reviewing two notable SCOTUS sentencing oral arguments finishing up the 2019 calendar

I flagged here a few days ago the SCOTUSblog argument previews before SCOTUS talked to counsel Tuesday in Holguin-Hernandez v. U.S.No. 18-7739 and Wednesday in McKinney v. ArizonaNo. 18-1109.  The SCOTUSblog folks now have posted reviews of both the arguments, and here are links and their starts:

"Argument analysis: Court likely to rule that a defendant preserves appellate challenge to length of sentence merely by arguing for lower one, but precise wording of opinion will be important" by Rory Little:

Justice Byron White, who as a retired justice hired a law clerk named Neil Gorsuch, once wrote that “a prime function of this Court’s certiorari jurisdiction [is] to resolve” conflicts between the federal circuits.  Yesterday the court heard argument in Holguin-Hernandez v. United States to review a sentencing rule of the U.S. Court of Appeals for the 5th Circuit that is out of step with nine other circuits. The argument was unusually brief, just over 45 minutes, and the transcript reads as somewhat desultory.  It seems clear that the 5th Circuit will be reversed; indeed, one can wonder why the court even bothered with briefing and argument (but see below).  A need to fill the argument calendar?  Or perhaps Gorsuch, who asked no questions, is imbued with White’s circuit-split-correction spirit.  In any case, Justice Sonia Sotomayor asked the only really difficult question: “How do we write this opinion?” in order to offer the doctrinal “clarity” that the solicitor general has requested.

"Argument analysis: Justices debate impact of 'do-over' in capital case" by Amy Howe:

[On Wednesday] the Supreme Court heard oral argument in the case of James McKinney, who was sentenced to death for two murders in 1991.  After the U.S. Court of Appeals for the 9th Circuit threw out McKinney’s death sentence four years ago, the Arizona Supreme Court reinstated it.  The state court first rejected McKinney’s argument that a jury, rather than a judge, should resentence him. It then concluded that the mitigating evidence — that is, the evidence why McKinney should not receive the death penalty — was not “sufficiently substantial” to warrant a lesser sentence.  Although it wasn’t entirely clear, after an hour of debate ..., McKinney appeared to face an uphill battle in convincing the justices to overturn the Arizona Supreme Court’s most recent ruling.

With the holiday season upon us, the Supreme Court now does not have any other oral arguments scheduled for a full month. When the Court is back to hearing arguments in January 2020, it will have on its calendar a notable white-collar crime case in Kelly v. US (January 14) and yet another of the never-ending ACCA cases with Shular v. US (January 21).

December 13, 2019 at 07:58 AM | Permalink

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