The Good and the Bad

Yesterday, the Supreme Court issued an opinion in Smith v. Cain. That’s the case where the New Orleans Assistant District Attorney embarrassed herself. For those of us in criminal defense, it’s a good opinion! The defendant’s conviction was overturned due to a Brady violation.

But today there was some bad. The Court issued its opinion in Perry v. New Hampshire holding that the Due Process Clause of the 14th amendment does not require a “preliminary judicial inquiry into the reliability of an eyewitness identification” if the person making the identification was not made “under unnecessarily suggestive circumstances arranged by law enforcement.”

Neither opinion’s outcome is surprising in light of how oral arguments went. So there’s the good and the bad. I may do a write-up on Perry soon but this will suffice for today.

-Zachary Cloud


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