Criminal Law Cert Alert

The U.S. Supreme Court granted certiorari in two criminal cases yesterday.

In McDaniel, Warden, et al., v. Brown (Docket 08-559), the issue is whether, on federal habeas review, the evidence underlying the defendant’s conviction for sexual assault was clearly insufficient under Jackson v. Virginia. Two members of a Ninth Circuit panel held that there was not sufficient evidence. The dissenter held that the Nevada state courts had not unreasonably applied Jackson and thus no habeas relief could be granted.

The issue in Maryland v. Shatzer, Sr., (Docket 08-680) is whether Edwards v. Arizona, which bars police from initiating questioning with criminal suspects who have invoked their right to counsel, applies to an interrogation that takes place nearly three years after the invocation. The Maryland Court of Appeals held that it did because, in part, the defendant was in prison the entire period between the two police contacts.