Can a President Who Is Reelected After Being Acquitted in One Impeachment Case be Retried by a Subsequent Senate?

VIKRAM DAVID AMAR

Illinois law dean and professor Vikram David Amar considers whether a President who has been impeached and acquitted may, if reelected, be retried by a subsequent Senate. Amar acknowledges that it is unclear whether the Fifth and Sixth Amendments’ criminal procedural protections apply to impeachment proceedings, but he offers two key reasons that re-litigation of impeachment allegations after presidential reelection would be improper.

Read More

State v. Torres

Citation: 304 Neb. 753

Opinion Date: January 3, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Constitutional Law, Criminal Law

The Supreme Court affirmed the order of the district court denying Appellant's third motion for post conviction relief without an evidentiary hearing, holding that there was no merit to Appellant's claims on appeal. Defendant was convicted of two counts of first degree murder and other felony offenses and sentenced to death. In his third postconviction motion, Defendant alleged that the Legislature's statute providing for the repeal of the death penalty, 2015 Neb. Laws, L.B. 268, changed his death sentence to life imprisonment and that the rejection of L.B. 268 by public referendum imposed a death sentence, the referendum was constitutionally impermissible, and he was harmed thereby. The district court concluded that Defendant failed to allege sufficient facts that demonstrated a violation of his constitutional rights. The Supreme Court affirmed, holding that the district court did not err in denying postconviction relief.

State v. Iddings

Citation: 304 Neb. 759

Opinion Date: January 3, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Criminal Law

The Supreme Court affirmed the order of the district court denying Appellant's third motion for postconviction relief without an evidentiary hearing, holding that there was no merit to Appellant's claims on appeal. Defendant was convicted of two counts of first degree murder and other felony offenses and sentenced to death. In his third postconviction motion, Defendant alleged that the Legislature's statute providing for the repeal of the death penalty, 2015 Neb. Laws, L.B. 268, changed his death sentence to life imprisonment and that the rejection of L.B. 268 by public referendum imposed a death sentence, the referendum was constitutionally impermissible, and he was harmed thereby. The district court concluded that Defendant failed to allege sufficient facts that demonstrated a violation of his constitutional rights. The Supreme Court affirmed, holding that the district court did not err in denying postconviction relief.

In re Interest of Jeremy U.

Citation: 304 Neb. 734

Opinion Date: January 3, 2020

Judge: William B. Cassel

Areas of Law: Family Law

The Supreme Court reversed the decision of the juvenile court declining to adjudicate a newborn that reportedly tested positive for methamphetamine on the grounds that the State failed to prove that he was at risk of harm, holding that the evidence demonstrated that the newborn lacked proper parental care due to his mother's fault or habits. The State sought to adjudicate the newborn, who had been in a hospital with Mother, and his two siblings, who lived with and received appropriate care from their grandmother, solely on the basis that the children lacked proper parental care. The juvenile court declined to adjudicate the children. The Supreme Court affirmed the juvenile court's decision as to the older siblings because they did not lack proper parental care but reversed as to the newborn, holding that the newborn lacked proper parental care, as demonstrated by Mother's drug use during pregnancy until the time of his birth.

Adair Holdings, LLC v. Johnson

Citation: 304 Neb. 720

Opinion Date: January 3, 2020

Judge: Freudenberg

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the decision of the district court determining that a tax deed obtained by Adair Holdings, LLC was void for incorrect notice and granting the counterclaim for quiet title filed by Dennis G. Johnson, the owner of record, holding that summary judgment in favor of Johnson's counterclaim was proper and that equity did not require relief to be granted to Adair Holdings. Adair Holdings' predecessor in interest attempted to provide Johnson with notice of the application for a tax deed via certified mail and then by publication. The notice, however, contained incorrect information about the timeframe in which Johnson could redeem the property. The district court granted summary judgment in favor of Johnson and did not order Johnson to reimburse Adair Holdings for the delinquent taxes paid by Adair Holdings' predecessor in interest. The Supreme Court affirmed, holding (1) the district court correctly determined as a matter of law that the tax deed issued to Adair Management was void; (2) the district court did not err in granting summary judgment for Johnson on his quiet title claim; and (3) because Adair Holdings did not raise below the issue of recovery for payment of delinquent taxes, equity did not require that relief be granted.