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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: July 15
Campbell v. Florida, 400 U.S. 801 (decided July 15, 1970): denies cert in murder case where defendant argued it was error to exclude jurors who would impose death penalty only if recommendation for mercy was added (this was between Witherspoon v. Illinois, 1968, which struck a statute allowing peremptory excusals of jurors who generally opposed the death penalty, and Wainwright v. Witt, 1985, can exclude anti-death penalty jurors but not those who merely had reservations abou
donnylaja
1 hour ago1 min read
Today in Supreme Court History: July 14
Barr v. Lee, 140 S.Ct. 2590 (decided July 14, 2020): stay of execution (actually denial of preliminary injunction) denied to death row inmates because their claim that execution by pentobarbital sodium injection was “cruel and unusual” was unlikely to command four votes for certiorari (the per curiam opinion points out the surprising [at least to me] fact that the Court has never found a method of execution to be cruel and unusual); Ginsburg and Breyer dissent on the basis th
captcrisis
22 hours ago1 min read
Today in Supreme Court History: July 13
Julian v. United States, 463 U.S. 1308 (decided July 13, 1983): request for bail denied by Rehnquist because grant of certiorari appeared very unlikely (applicant had been caught with drugs while trying to board flight to Peru -- sure sounds like a flight risk to me) Capital Cities Media v. Toole, 463 U.S. 1303) decided July 13, 1983): refusing to rule on stay (affirmed by Pennsylvania Supreme Court) of order prohibiting press disclosure of jury photos and jury information; d
captcrisis
1 day ago1 min read
Today in Supreme Court History: July 12
New York Times Co. v. Jascalevich, 439 U.S. 1304 (decided July 12, 1978): Marshall denies stay pending cert. application as to New Jersey subpoena requiring reporter Myron Ferber to hand over documents in murder trial; stay inappropriate with trial in progress and in camera review pending; Marshall points out if reporter refused to comply he could raise his arguments again in resulting contempt proceeding. The day before, White had denied a stay as to subpoena to testify as
captcrisis
2 days ago1 min read
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