Issue: (1) Whether the Court should modify Mickens v. Taylor to apply the automatic reversal rule in Holloway v. Arkansas where (a) the prosecution advises a trial court that the appointment of a particular lawyer in a capital case to represent multiple defendants may create a conflict of interest; (b) the appointed lawyer informs the court that he is financially unable to appoint capitally certified counsel for each of the co-defendants; (c) the court acknowledges these conflicts of interest, but delegates resolution of them to the same lawyer; (d) the conflicted attorney then advocates in a manner intended to prevent death sentences for the co-defendants; and (e) the trial court declines to intervene; and (2) whether the Louisiana Supreme Court’s opinion finding no "actual conflict" in this case demonstrates the need for this Court to address the split in the Circuit Courts concerning the standard for determining whether "an actual conflict of interest adversely affected [a] lawyer’s performance" and thereby settle an important question of federal constitutional law.
On Monday the Court granted five new cases and called for the views of the Solicitor General in one new case. Lyle reported on those orders. On Tuesday the Court issued two opinions. Tuesday's live blog is archived here. On Wednesday the Court issued three opinions. Wednesday's live blog is archived here. This is the second week of the February sitting. On Friday, the Justices will meet for their March 7 Conference. Our list of “Petitions to watch” for that Conference is here.
Upcoming Oral Arguments
Wood v. Moss Secret Service agents’ plea for immunity from lawsuit for actions taken against demonstrators who were opposed to the president’s policies.
Clark v. Rameker Whether an Individual Retirement Account that an individual inherited rather than created personally is exempted from a bankruptcy estate
Catsimatidis v. Irizarry Whether an individual may be held personally liable
for a corporation’s violation of the Fair Labor
Standards Act merely
because the individual had general control over corporate
affairs, but exercised no personal responsibility
over the conduct that caused the violation.
Justice Elena Kagan delivers the 2014 Justice Ruth Bader Ginsburg Lecture on Women and the Law at the New York City Bar Association, where (among other things) she attributes the “gulf between Justice Ginsburg’s career and” hers to the work of Justice Ginsburg herself.
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.