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April 14, 2024
Lots of criminal justice issues this week at SCOTUS oral arguments
The Supreme Court gets back to hearing oral arguments on Monday, as it begins an April sitting full of notable criminal cases. Next week brings argument on the notable Eighth Amendment Grants Pass case (recently discussed here), as well as Trump v. US to consider claims of presidential immunity. But this week's arguments, all of which involve criminal issues, might lead to rulings that are quite consequential. Here is what's coming, thanks to SCOTUSblog summaries:
Snyder v. U.S., No. 23-108 [Arg: 4.15.2024]
Chiaverini v. City of Napoleon, Ohio, No. 23-50 [Arg: 4.15.2024]
Fischer v. U.S., No. 23-5572 [Arg: 4.16.2024]
Thornell v. Jones, No. 22-982 [Arg: 4.17.2024]
April 14, 2024 at 05:18 PM | Permalink
Comments
Does the malicious prosecution thing have to be one or the other? For example, suppose defendant D is charged with jaywalking and murder.
If the jaywalking charge is hopelessly unsupported, but the murder charge is well-supported, I would not want D to be allowed to argue malicious prosecution.
If the murder charge is hopelessly unsupported, I think D should be allowed to claim malicious prosecution, regardless of what support does or does not exist for the jaywalking charge.
Posted by: William Jockusch | Apr 14, 2024 8:25:08 PM
Or even murder A and murder B, known to have occurred at significantly different times, so it is known they cannot be treated as one event.
Posted by: Soronel Haetir | Apr 14, 2024 11:35:26 PM
This case seems like the offenses are related and that the lack of probable cause goes to one element of one offense (value).
Looking at the analysis, the issue seems to be focused on the lawfulness of the initial seizure, and that seems the wrong perspective. If you committed four crimes, you can be arrested for those four crimes. And the nature of those four crimes will impact your bond. If the State adds a fifth charge that is not supported by probable cause, that fifth crime (depending on the crimes charged) may or may not result in a higher bond.
To take an example, if the main charges are three separate robberies, adding in a felon in possession count would probably have little impact on the bond or at least not a significant impact on the defendant's ability to post bond. On the other hand, if the charge supported by probable cause are driving while intoxicated (first offender) and misdemeanor possession of marijuana, a felon in possession count would significantly alter the bond. I have no problem in the first case saying that the addition of an unsupported charge caused no damage to the defendant as he would have been incarcerated even if that charge had not been filed, but, in the second case, it changed what would have been either a summons or nominal bond to a significant bond that probably extended the defendant's incarceration by a substantial amount.
Posted by: tmm | Apr 15, 2024 1:20:42 PM
We have a fascinating false arrest/malicious prosecution case (42 U.S. Code section 1983) going in Federal Court here in Lexington. See, "Kenneth Wadkins v. Kristyn Klingshirn, Case No. 5:23-cv-000175-GFVT (E.D.Ky. March 19, 2024) (Memorandum Opinion and Order Denying Defendant's Motion to Dismiss. A Lexington police detective's investigation indicated that Wadkins may have shot and killed a man. A single witness indicated that she saw Wadkins shoot and kill the victim. Anonymous tips to the Crimestoppers Tip Line indicated that the killer was a man whose Street Name was "Ghost", which was Wadkins' street name. Finally, the Detective obtained cell phone tower data, place Wadkins cell phone at or near the scene of the shooting on the day and time it happened. Wadkins was arrested. He had a preliminary, probable cause hearing, where a District Court Judge approved forwarding the case to a Grand Jury in Circuit Court. But then the Grand Jury returned a NO BILL and declined to indict the defendant, so he was released from jail after 60 days and the charge were dropped. Under Kentucky law, this case could later be represented to another Grand Jury if additional evidence is found. Wadkins had sued the Detective for violating his 4th Amendment rights, per section 1983 and state laws (malicious prosecution). The Detective moved to dismiss, based upon the finding of probable cause by the District Court Judge, before she forwarded the case to Circuit Court. But U.S. District Judge Gregory Van Tatenhove says that the state court Judge's finding of probable cause does not count in Federal Court, because it is a decision that is not subject to appeal under state law. So he denied the Motion to Dismiss on March 19, 2024. Rumor is that the Detective's employer may have offered $250,000 to settle the case now. Stay tuned.
Posted by: Jim Gormley | Apr 16, 2024 7:02:43 PM
The Kentucky cases relied upon by Judge Van Tatenhove are: "American Car & Foundry Co. v. James", 129 S.W. 564, 566 (Ky. 1910) and "Ky. Revenue Cabinet v. Samani", 757 S.W.2d 199, 202 (Ky. Ct. of App. 1988).
Posted by: Jim Gormley | Apr 16, 2024 7:15:16 PM