Latest Case: State v. Jackson (Criminal Law)

D.C. Circuit Dismissal of Congressional Subpoena Lawsuit (Further) Erodes American Democracy

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on last week’s decision by the U.S. Court of Appeals for the D.C. Circuit holding that federal courts could not enforce a congressional subpoena to former White House Counsel Don McGahn because federal courts cannot adjudicate interbranch disputes. Dorf describes some of the major flaws in the court’s reasoning and explains why the ruling is a clear victory for Donald Trump and a loss for the constitutional system.

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State v. Jackson

Docket: SC20193

Opinion Date: March 3, 2020

Judge: Andrew J. McDonald

Areas of Law: Criminal Law

The Supreme Court reversed the judgment of the appellate court affirming Defendant's conviction of one count of murder, one count of conspiracy to commit murder, and four counts of assault in the first degree, holding that the trial court abused its discretion in allowing the State's late disclosed expert witness to testify without first granting Defendant a reasonable continuance to obtain his own expert, and the error was harmful. On appeal, Defendant argued that the trial court abused its discretion by permitting the State's expert witness on cell site location information (CSLI) to testify as to what that information revealed about the location of Defendant during the time of the crimes because the State disclosed the expert only one week before evidence started. Defendant argued in the alternative that the court abused its discretion by denying his related motion for a continuance to obtain his own CSLI expert. The Supreme Court reversed, holding (1) the trial court's decision to permit the State's late disclosed expert witness to testify was an abuse of discretion in the absence of affording Defendant a reasonable continuance to obtain his own expert; and (2) the error was harmful, and Defendant was entitled to a new trial.