A very busy summer
Posted by: Gerald Smith
August 30, 2009
Topic: News and Commentary
This has been a very busy summer for me and I have been unable to contribute to the blog as often as I had hoped.
Not only has this been a busy summer for me, but it has also been a time of important developments in the legal and political world. One of the more important developments was the confirmation of Justice Sotomayor to replace Justice Souter. Historically, this was a significant appointment by President Obama, leading to the seating of the first Latina on the Court. It will be some time before we will know whether she will be a good appointment for those seeking fairness and reason, but we hope that she will indeed prove to be a "wise Latina."
An encouraging, perhaps surprising, decision from the Supreme Court has broadened the protections of the Fourth Amendment. In Arizona v. Gant, 129 S.CT. 1710 (2009), the Court held an automobile could be searched incident to arrest only if the vehicle is within reaching distance of the arrestee or it reasonable to believe the vehicle contains evidence of the offense of arrest. The Tenth Circuit held a good faith exception to Gant applied to pending cases. United States v. McCane, 08-6235, (10th Cir. Jul 28, 2009). However, a recent Ninth Circuit case, United States v. Gonzalez, 07-30098 (9th Cir. Aug. 24, 2009), held there is no good faith exception. It is likely the good faith issue will find its way to the Supreme Court soon.
One of the saddest events of the summer was the death of Senator Edward Kennedy. A long-time consistent and effective champion for civil rights, health care, providing for the poor, and other important issues, Sen. Kennedy will be greatly missed.
In the weeks to come, I will be posting more specific articles relating to court decisions and legal news. I hope this has been a good summer for all readers.
Recent Updates
September 08, 2009
Will Justice Stevens be the next Supreme Court retiree?
August 30, 2009
A very busy summer
June 22, 2009
Ohio man saved by typo in verdict form
June 17, 2009
Supreme Court says questioning after appointment of counsel is OK
June 17, 2009
Ninth Ciruit holds specific conduct underlying prior conviction not admissable under either FRE 608 or 609
June 17, 2009
Ninth Circuit says the mail must go through, but not early or even on time
June 17, 2009
A ray of hope for crack defendants
