Tuesday, January 18, 2022

SCOTUS adds three criminal cases to April docket

The Supreme Court on added three criminal cases to its docket, reported Jurist. Each of the three cases are likely to be argued in the court’s April argument session.

Vega v. Tekoh addresses whether an officer can be sued for failing to provide Miranda warnings. The Ninth Circuit issued a 5-4 decision, finding that officers can face civil penalties for failing to advise a suspect of their right to silence and legal counsel.

Nance v. Ward raises the issue of whether a prisoner can be executed by means that are not authorized by statute when the authorized means of execution, lethal injection, is potentially unconstitutional. Prisoner and petitioner Michael Nance has severely compromised veins and other underlying conditions that could make the injection immensely painful and risky. In such a challenge, the prisoner must choose an alternative method that is feasible and available. Lethal injection is the only method of execution authorized in the state of Georgia.

Finally, Shoop v. Twyford concerns the interplay of the All Writs Act and a habeas statute in determining whether a prisoner is entitled to hospital transport to receive a brain scan that the prisoner believes is relevant to their habeas case.

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