McElrath v. Georgia: Double Jeopardy bars retrial after acquittal even if verdict is inconsistent with other verdicts
By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender Double jeopardy bars retrial after a verdict of not guilty by reason of insanity even if that verdict is inconsistent with other verdicts in the case, the U.S. Supreme Court held February 21, in McElrath v. Georgia. Damian McElrath, who suffered from schizophrenia, […]
Federal Bureau of Investigation v. Fikre: Challenge to “no fly list” not moot after removal unless government proves listing will not recur
By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender A citizen’s challenge to being placed on the government’s “no fly list” is not moot – even after the listing is rescinded – without clear evidence that the listing will not recur, the U.S. Supreme Court held March 19 in Federal Bureau of […]
Wilkinson v. Garland: Family hardship exception to cancellation of removal is reviewable by Court of Appeals
By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender The family “hardship exception” to cancellation of removal of noncitizens is a mixed question of fact and law which is reviewable by the Court of Appeals, the U.S. Supreme Court held March 19 in Wilkinson v. Garland. Situ Kamu Wilkinson left Trinadad […]