|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|09-6822||8th Cir.||Dec 6, 2010||Mar 2, 2011||6-2||Sotomayor||OT 2010|
Holding: When a defendant's sentence has been set aside on appeal, a district court at re-sentencing may consider evidence of the defendant's rehabilitation after the initial sentences and that evidence may in appropriate cases, support a downward variance from the sentencing guidelines. (Kagan, J., recused).
Plain English Holding: When a defendant's sentence has been set aside on appeal, a district court at re-sentencing may consider evidence of the defendant's rehabilitation after the initial sentences, and that evidence may in appropriate cases support a downward variance from the sentencing guidelines. (Kagan, J., recused)
Judgment: The Court vacates in part, affirms in part, and remands the case to the 8th Circuit., 6-2, in an opinion by Justice Sotomayor on March 2, 2011.
As a lawyer, Leondra Kruger argued 12 cases at the U.S. Supreme Court. As a California Supreme Court justice, she has a liberal-leaning record but has sometimes voted with more conservative colleagues in divided cases. Here's @AHoweBlogger's profile:
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Stephen Breyer wrote major opinions favoring abortion rights, demarcating the separation of powers, and rejecting a challenge to Obamacare. In his later years, he questioned the constitutionality of the death penalty. Our retrospective, via @AHoweBlogger:
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A rule that allows SCOTUS to hear cases before appeals courts weigh in used to be very rare. But in the past three years, it's become far more common. And the justices haven't said why.
@steve_vladeck explains the resurgent writ of "cert before judgment."
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For obvious reasons, the Supreme Court’s decision on Monday to grant certiorari in a pair of cases challenging...
Sonia Sotomayor appeared this morning on @TODAYshow to promote her new children's book, "Just Help!: How to Build a Better World." She spoke briefly about the public's perception of the court. Here's the interview: https://www.today.com/video/justice-sotomayor-on-new-book-supreme-court-s-credibility-loss-of-her-mother-131639365722