Thursday, June 21, 2012

Supreme Court Update -- FSA, Apprendi, & Crawford

Three significant criminal cases from the Supreme Court this week:

Fair Sentencing Act applies to post-Act sentencing of pre-Act offenders in pipeline cases

The 5-4 decision of Dorsey v. United States, holds the FSA's new mandatory minimums apply to pipeline cases involving sentences for crack cocaine imposed after the Act (August 3, 2010) for pre-Act crimes: "That is the Act's 'plain import' or 'fair implication.'"

The full opinion can be found here.

Apprendi applies to criminal fines

The 6-3 decision of Southern Union Co. v. United States, holds Apprendi v. NJ applies to the imposition of criminal fines.

The full opinion can be found here.

Supreme Court takes a bite out of Crawford

In William v. Illinois, a deeply divided 5-4 decision, the Supreme Court muddied the waters of Crawford, with the narrowest ruling setting forth an unclear distinction between which forensic reports are “formal,” i.e. testimonial, or “informal,” i.e. non-testimonial.

For an in-depth analysis, check out the SCOTUSblog here.

The full 98-page opinion can be found here.

No comments: