The Mask Slips: Standing, the Affordable Care Act, and Hypocrisy in High Places

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers one aspect of the oral argument in California v. Texas, the latest challenge to the Affordable Care Act to come before the U.S. Supreme Court. Specifically, Colb considers the way in which some of the Justices talked during the oral argument about the doctrine of judicial standing, and she calls out those Justices’ hypocrisy as to that issue.

Read More

Wilson v. State

Docket: 19S-PC-548

Opinion Date: November 17, 2020

Judge: Mark S. Massa

Areas of Law: Constitutional Law, Criminal Law

The Supreme Court reduced Defendant's aggregate sentence to 100 years, holding that Defendant's appellate counsel was ineffective on appeal by failing to bring an Appellate Rule 7(B) challenge to the appropriateness of Defendant's sentence. Defendant was convicted of two counts of murder, felony armed robbery, and felony conspiracy to commit criminal gang activity. The trial court sentenced Defendant to an aggregate sentence of 181 years. Defendant later sought post-conviction relief, arguing that, because he was a juvenile when he committed the crimes at issue, the criminal gang enhancement was unconstitutional as applied and that both his trial counsel and appellate counsel were ineffective. The post-conviction court denied Defendant's petition for relief. The Supreme Court revised Defendant's sentence downward to an aggregate 100 years, holding (1) Defendant's original sentence was not unconstitutional under the Eighth Amendment because the sentence was not subject to the requirements of Miller v. Alabama, 567 U.S. 460 (2012); but (2) Defendant's appellate counsel performed inadequately by failing to request appellate review of the sentence's appropriateness under Appellate Rule 7(B).

State v. Stidham

Docket: 20S-PC-634

Opinion Date: November 17, 2020

Judge: Goff

Areas of Law: Criminal Law, Juvenile Law

The Supreme Court reversed Defendant's maximum 138-year sentence imposed for crimes Defendant committed as a juvenile and revised the sentence to a total sentence of eighty-eight years, holding that the 138-year sentence was inappropriate. Defendant was seventeen years old when he and two others committed murder in 1991. Defendant received an aggregate sentence of 138 years, which was the maximum possible term-of-years sentence. In 2016, Defendant filed a verified petition for post-conviction relief challenging the propriety of his sentence in light of the fact that he was a juvenile when he committed the crimes. The post-conviction court granted the petition and imposed an aggregate sixty-eight-year sentence. The Supreme Court affirmed the order granting relief and revisited its prior decision regarding the appropriateness of his sentence but revised the sentence to an aggregate term of eighty-eight years, holding (1) the doctrine of res judicata does not bar consideration of Defendant's appropriateness argument due to two major shifts in the law; and (2) Defendant's maximum term-of-years sentence imposed for crimes he committed as a juvenile was inappropriate.

K.C.G. v. State

Docket: 20S-JV-263

Opinion Date: November 16, 2020

Judge: Slaughter

Areas of Law: Juvenile Law

The Supreme Court vacated the juvenile court's adjudication of K.C.G. as a delinquent child for dangerously possessing a firearm, as well as its modification of K.C.G.'s probation based on that ruling, holding that the juvenile court lacked subject-matter jurisdiction. The delinquency petition here alleged that K.C.G., age sixteen, committed the offense of dangerous possession of a firearm. After a hearing, the juvenile court adjudicated him a delinquent and modified his probation. The Supreme Court vacated the adjudication, holding that the juvenile court lacked subject-matter jurisdiction because the State's petition did not allege a jurisdictional prerequisite - that K.C.G.'s conduct was "an act that would be an offense if committed by an adult."