Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

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Collazo v. Commonwealth

Docket: SJC-12557

Opinion Date: January 9, 2020

Judge: Per Curiam

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court affirmed the judgment of the county court denying Defendant's petition for relief under Mass. Gen. Laws ch. 211, 3, holding that the single justice neither erred nor abused his discretion in denying relief. Defendant was indicted on charges of murder in the first degree and other offenses. The trial judge declared a mistrial because the jury were unable to reach a verdict on the murder charge. Defendant moved to dismiss the murder indictment and for a required finding of not guilty, arguing that a retrial was barred by double jeopardy principles because there was insufficient evidence to warrant a conviction. The trial court denied the motion. Defendant then filed a Mass. Gen. Laws ch. 211, 3 petition seeking relief from the denial of that motion. The single justice denied relief. The Supreme Judicial Court affirmed, holding that double jeopardy principles did not bar Defendant's retrial on the murder charge because the Commonwealth presented sufficient evidence to warrant a conviction of murder in the first degree based on extreme atrocity or cruelty.

Marley v. Bank of New York

Docket: SJC-12684

Opinion Date: January 9, 2020

Judge: Per Curiam

Areas of Law: Civil Rights

The Supreme Judicial Court affirmed the decision of the single justice dismissing Petitioner's petition filed pursuant to Mass. Gen. Laws ch. 211, 3 challenging orders issued by the Land Court in connection with a servicemember proceeding under the Massachusetts Soldiers' and Sailors' Civil Relief Act (MSCRA), holding that the single justice properly dismissed the claims and defenses. In addition to his challenge to the orders issued in connection with the MSCRA action Petitioner also asserted affirmative defenses to foreclosure of his property and claims against Respondents under various statutes, common law, and rules of professional conduct. A single justice dismissed the petition, including all requests for relief. The Supreme Court affirmed, holding (1) Petitioner did not establish a substantial claim that the Land Court violated his substantial rights in connection with the servicemember proceeding; and (2) with respect to the other claims and affirmative defenses, Petitioner failed to demonstrate the absence of adequate alternative remedies.