October Term 2013 Begins: Supreme Court Preview

Published for NC Criminal Law on October 07, 2013.

Each year on the first Monday in October, the Supreme Court begins a new term. Today’s the first Monday in October 2013, so in this post, I’ll summarize several of the criminal cases that the Court will hear during the term that has just begun. This will be a selective preview rather than a comprehensive one: I’m not going to list all the criminal cases in which certiorari has been granted, and the Court likely will add a few additional cases over the next several months in any event. As an aside, those interested in the non-criminal cases on the Court’s docket might enjoy this preview by appellate lawyer Howard Bashman, or this one by the Los Angeles Times, which argues that the term “gives the court’s conservative bloc a clear opportunity to shift the law to the right on touchstone social issues such as abortion, contraception and religion, as well as the political controversy over campaign funding.” Also, New York Magazine has just published a long interview with Justice Scalia. It’s a great read for those interested in the Justices’ personalities. High points include how Justice Scalia gets his news, what he thinks of the devil, and which of his opinions he views as the most courageous. Back to business. Upcoming criminal law cases include: Kansas v. Cheever, where the Question Presented is: “Whether, when a criminal defendant affirmatively introduces expert testimony that he lacked the requisite mental state to commit capital murder of a law enforcement officer due to [...]