Watching a quartet of SCOTUS criminal justices cases as the Term starts to wind down
As has been true in the last few Terms, the current Supreme Court Term is almost certain to be remembered for decisions outside the core realm of criminal justice. But it has still already been an interesting SCOTUS Term for hard-core criminal justice fans with seemingly lots of (small?) wins for criminal defendants in cases like Reed, Cruz, Ciminelli, and Percoco. Of course, the “easy” cases tend to be resolved first, and I would not expect quite so many wins for criminal defendants in the weeks ahead.
By my rough count, there are still around ten still-pending criminal justice (or criminal-justice-related) cases for the Justices still to resolve before they head off for their summer vacations. All the remaining cases could prove interesting and consequential, but here are four remaining cases that have most captured my attention (with help from this SCOTUSblog list):
Issue(s): Whether federal inmates who did not — because established circuit precedent stood firmly against them — challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas relief under 28 U.S.C § 2241 after the Supreme Court later makes clear in a retroactively applicable decision that the circuit precedent was wrong and that they are legally innocent of the crime of conviction.Issue(s): Whether a person commits aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense.Issue(s): Whether, to establish that a statement is a “true threat” unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective “reasonable person” would regard the statement as a threat of violence.
Issue(s): (1) Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Fifth Amendment’s takings clause; and (2) whether the forfeiture of property worth far more than needed to satisfy a debt, plus interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment.
I would welcome in the comments any predictions about likely outcomes in these cases and/or the flagging of other pending criminal-justice-related cases from this Term that folks are keeping a close eye on. We are not quite to the final stretch of the SCOTUS Term, but there are opinions coming this Thursday and likely just about every week from now until the end of June.