Professor Joel Johnson, "Supreme Court Cases of Interest" Summer 2023 -- ABA Criminal Justice Magazine
Professor Joel S. Johnson's summer 2023 installment of his quarterly column, "Supreme Court Cases of Interest," is published in the ABA Criminal Justice Magazine. The column previews pending Supreme Court criminal law and procedure cases.
From Supreme Court Cases of Interest:
The term’s early criminal-docket decisions have favored defendants. In Cruz v. Arizona, the Court ruled 5-4 for a death-row inmate in a procedural dispute over when a state-court ruling constituted an adequate and independent state-law ground that precluded federal review of a death sentence. Writing for the majority, Justice Sotomayor reasoned that the Arizona Supreme Court’s “novel and unforeseeable interpretation” of a state-court procedural rule did not “foreclose review of the federal claim.” In dissent, Justice Barrett chastised the majority for failing to give the state court “utmost deference.”
The complete column may be found at American Bar Association