CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Saturday, October 12, 2013

Next week's criminal law/procedure arguments

Issue summaries are from ScotusBlog, which also links to papers:

Wednesday, Oct. 16

  • Kaley v. U.S.: Whether, when a post-indictment, ex parte restraining order freezes assets needed by a criminal defendant to retain counsel of choice, the Fifth and Sixth Amendments require a pre-trial, adversarial hearing at which the defendant may challenge the evidentiary support and legal theory of the underlying charges.
  • Kansas v. Cheever: 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 the alleged temporary and long-term effects of the defendant’s methamphetamine use, the state violates the defendant’s Fifth Amendment privilege against self-incrimination by rebutting the defendant’s mental state defense with evidence from a court-ordered mental evaluation of the defendant.

http://lawprofessors.typepad.com/crimprof_blog/2013/10/next-weeks-criminal-lawprocedure-arguments.html

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