Justia Civil Rights Opinion Summaries

The Supreme Court reversed the judgment of the appellate court reversing the judgment of the circuit court concluding that Defendant could not show that he was prejudiced by his counsel's assistance under Strickland v. Washington, 466 U.S. 668 (1984), holding that the circuit court correctly concluded that trial counsel's performance was deficient.At issue was whether trial counsel's failure to object to an order prohibiting any consultation regarding the case between Petitioner and trial counsel during Petitioner's murder trial resulted in the actual denial of the Sixth Amendment's guarantee of assistance of counsel. The Supreme Court held (1) prejudice was presumed under the circumstances of this case; and (2) the circuit court correctly concluded that trial counsel's failure to object was objectively unreasonable. View "Clark v. State" on Justia Law

The Supreme Court affirmed the order of the district court dismissing Appellant's complaint alleging that Nev. Rev. Stat. 176.355, Nevada's statute providing that an execution must be effectuated by injection of a lethal drug, is unconstitutional because it gives the Director of the Nevada Department of Corrections discretion to determine the process by which a lethal injection is administered, holding that there was no error.Appellant, a death-row inmate, argued that section 176.355 lacked suitable standards because it afforded the Director complete discretion to determine the types, dosages, and sequencing of drugs to be used in the execution. The district court dismissed the challenge. The Supreme Court affirmed, holding that the statute, combined with the Eighth Amendment's prohibition on cruel and unusual punishment, provided the Director with suitable standards to determine the process by which a lethal injection is to be administered. View "Floyd v. State, Dep't of Correction" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court accepting Appellant's plea of no contest to two counts of attempted lewdness with a child and imposed the special condition of probation mandated by Nev. Rev. Stat. 176A.410(1)(q), holding subsection (q) is unconstitutional under the First Amendment.Upon accepting Appellant's no contest plea the district court placed him on probation and imposed the special condition mandated by subsection (q), which prohibits a defendant on probation for a sexual offense from accessing the internet without his probation officer's permission. On appeal, Appellant argued that the mandatory internet ban failed intermediate scrutiny under the First Amendment. The Supreme Court reversed the judgment as to the mandatory internet ban and otherwise affirmed, holding that because Nev. Rev. Stat. 176A.410(1)(q) is both mandatory and restricts more speech than necessary to serve the government's interest with no tailoring mechanism it is facially unconstitutional. View "Aldape v. State" on Justia Law

TASER International, Inc., obtained an injunction against “Phazzer [Electronics] and its officers, agents, servants, employees, and attorneys; and any other persons who are in active concert or participation with Phazzer Electronics or its officers, agents, servants, employees, or attorneys” (the “2017 injunction”). The injunction prohibited Phazzer Electronics from distributing or causing to be distributed certain stun guns and accompanying cartridges that infringed on TASER’s intellectual property. At the time of the TASER-Phazzer Electronics litigation, Steven Abboud controlled Phazzer Electronics, and Phazzer Electronics employed, among others, Defendant. In 2018, after the district court found Abboud in contempt for violating the 2017 injunction, Abboud and Defendant went to work for other entities with “Phazzer” in their names. Based on that activity, the district court found Defendant (and others) in contempt of the 2017 injunction. At issue on appeal is whether the 2017 injunction extended broadly enough to bind Defendant and prohibit her conduct under the theories of liability that the government has pressed and the district court decided   The Eleventh Circuit vacated Defendant’s conviction. The court concluded that the record cannot sustain Defendant’s conviction.  The court explained that the district court did not make factual findings about whether Defendant was a key employee. Nor did it determine whether she so controlled Phazzer Electronics and the litigation that resulted in the 2017 injunction that it would be fair to say she had her day in court on that injunction. View "USA v. Diana Robinson" on Justia Law

The Supreme Court denied a petition for writ of certiorari and/or prohibition requesting relief from the Court after the circuit court denied Petitioner's motions to dismiss the charges against him, holding that an extraordinary writ was not necessary in this case.Petitioner, who was charged with aggravated robbery and other charges, moved to dismiss the charges for a violation of his right to a speedy trial pursuant to Ark. R. Crim. P. 28.1, asserting that he was not brought to trial within twelve months from the date of his arrest. Petitioner also filed a motion to dismiss for lack of jurisdiction, alleging that the juvenile division retained exclusive jurisdiction. The circuit court denied both motions. The Supreme Court denied Petitioner's ensuing petition for writ of certiorari and/or prohibition, holding that the circuit court did not err in denying Petitioner's motions to dismiss for lack of jurisdiction and for violation of his speedy-trial rights. View "Tilson v. State" on Justia Law

In 2020, Lafayette City Councilmember and former Mayor, Burks, and his wife, Ackley, hosted an open house in their home in support of a school bond measure. The invitation stated Burks was “hosting this event as an individual resident of Lafayette and a father of school-aged children.” Peterson attended and had an “odd” and “stilted” conversation with Ackley in which Peterson referred to Ackley's birthday. Peterson later reposted on his Facebook page a family photo from Ackley’s public Facebook page. In the comments, Peterson wondered where they hid the girls during the open house. He mused, “They live near Burton Valley School … Burks, has a different name than his wife, I wonder what their daughters’ last name is?” Burks felt Peterson “could be a threat” to his wife and daughters. Later, Ackley received a “confusing” letter and check in the mail from Peterson, again mentioning the daughters. The rambling letter was a screed against local politics.Peterson was convicted of stalking and sentenced to two years of probation, with one year of home confinement. The court of appeal reversed. Peterson’s speech acts were constitutionally protected activities. A reasonable listener would not have found Peterson’s speech or speech-related acts a true threat of violence. View "People v. Peterson" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree manslaughter and aggravated assault and sentencing him to life imprisonment, holding that Defendant's sentence did not violate the Eighth Amendment.Defendant pled guilty to first-degree manslaughter and aggravated assault. The circuit court sentenced Defendant to life without the possibility of parole for first-degree manslaughter and to a term of fifteen years for aggravated assault to run concurrently with his life sentence. Defendant appealed, arguing that his life sentence constituted cruel and unusual punishment and that the circuit court abused its discretion by imposing a life sentence without the possibility of parole. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion. View "State v. Caffee" on Justia Law

The Supreme Court affirmed the judgment of the postconviction court summarily denying the claims in Michael Duane Zack, III's fourth successive postconviction motion and denied Zack's motion for stay of execution and request for oral argument, holding that Zack was not entitled to relief.Defendant was sentenced to death for the murder of Ravonne Smith and was scheduled for execution on October 3, 2023. In his successive postconviction motion Defendant claimed that his execution should be barred under the Eighth Amendment. The postconviction court summarily denied the claims as untimely, procedurally barred, and meritless. The Supreme Court affirmed and denied Zack's motion for stay of execution and request for oral argument, holding that the postconviction court did not err by summarily denying Defendant's claims as untimely, procedurally barred, and meritless. View "Zack v. State" on Justia Law

Chicago police arrested Lozano, who was subsequently charged with burglary and possession of burglary tools. Lozano moved to suppress evidence (a car radio, a wallet, and two screwdrivers) arguing that when the officers stopped, detained, and searched him, they neither possessed a warrant nor saw him committing any crimes and could not reasonably suspect that he had committed or was about to commit any crimes or that he was armed and dangerous. Officer Rodriguez testified that he and his partner were driving in an unmarked car, on patrol, and saw Lozano “running at a fast rate of speed” and holding his front pocket. It was raining and wet outside. Rodriguez made a U-turn and approached Lozano, who fled up the stairs of an apparently abandoned building. Rodriguez pursued Lozano and saw a “big bulge” in Lozano’s pocket. Rodriguez handcuffed Lozano, then touched his hooded sweatshirt and felt a rectangular box. He reached inside Lozano’s front pocket and recovered a wallet, two screwdrivers, and a radio. The wallet and radio had been taken from a parked car.The Illinois Supreme Court reversed the trial and appellate courts and held that the officers lacked reasonable suspicion to stop Lozano. The act of running in the rain while holding the front of his pocket did not provide a reasonable suspicion of criminal activity to justify an investigatory stop consistent with the Fourth Amendment and the Illinois Constitution. View "People v. Lozano" on Justia Law

The Supreme Judicial Court affirmed Defendant's convictions for murder in the first degree based on a theory of felony-murder, among other charges, holding that a police officer's identification testimony was admitted improperly, but its admission did not prejudice Defendant.On appeal, Defendant challenged the denial of his motion to suppress, among numerous other allegations of error. For the claimed errors, Defendant requested that the court reduce his verdict or order a retrial. The Supreme Judicial Court affirmed, holding (1) a police officer's testimony identifying Defendant in a video recording at trial was improperly admitted, but the admission did not prejudice Defendant; and (2) Defendant was not entitled to relief on his remaining allegations of error. View "Commonwealth v. Fisher" on Justia Law