Pennsylvania Supreme Court overturns Cosby's conviction.

Explains that because one DA compelled Cosby to testify in a civil action without the benefit of the 5A privilege against self-incrimination, successor DAs could not use that inculpatory testimony in his criminal trial.
"we hold that, when a prosecutor makes an unconditional promise of non-prosecution, and when the defendant relies upon that guarantee to the detriment of his constitutional right not to testify, ..."
pacourts.us/assets/opinion…
"... the principle of fundamental fairness that undergirds due process of law in our criminal justice system demands that the promise be enforced."
Some very strong language in here about due process.

"Interactions between a prosecutor and a criminal defendant . . . are not immune from the dictates of due process and fundamental fairness."
This outcome was self-inflicted. Yes, Cosby was a predator. But prosecutors can't compel him to waive his 5A rights and then say "ha ha, got you now."
There's a lot in here worth thinking about. (Lawgeeks, get on it.)

The maj. op. notes that the dissent and the commonwealth get it backwards on whether Cosby should have relied on DA Castor's assurances.

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More from @gabrielmalor

1 Jul
Biden: "Democracy is on the line."

If everything is an emergency then nothing is an emergency. The DNC teed up a voting rights case over entirely unobjectionable precinct voting and ballot-collection rules, and now they're lamenting that the sky is falling. Pick your battles.
A couple of weeks ago I mentioned that one thing litigants often fail to do (with the exception of the SG's office, which has a whole process for analyzing the issue) is consider the likelihood and scope of an adverse decision.
Before you take something to SCOTUS, you should think about what will happen if you lose.

Democrats convinced themselves that requiring voters to vote in their precinct during a 27-day voting period was unlawful.

But that's totally bizarre.
Read 4 tweets
1 Jul
And here's AFP. CJ Roberts writes.

Held: California's donor disclosure requirement is facially invalid because it burdens donors' 1A rights and is not narrowly tailored to an important government interest.
supremecourt.gov/opinions/20pdf…
The conclusion in AFP is also 6-3, but it's a bit of a fractured majority. Image
Justice Sotomayor's dissent in AFP just seems totally disconnected from the facts.

Denigrates the burden on AFP donors who received death threats after California leaked their identities as "vaguely waving toward First Amendment 'privacy concerns.'" Image
Read 4 tweets
1 Jul
We have Brnovich. 6-3. Alito writes, holding Arizona's out-of-precinct ballot policy and ban on ballot harvesting do not violate the VRA.
supremecourt.gov/opinions/20pdf…
The maj. op. holds that the "cat's paw" theory, which analyzes whether an actor was a
“dupe” who was “used by another to accomplish his purposes," has no application to legislative bodies.
That weird sound you hear is DOJ's lawsuit against Georgia being flushed down the toilet.
Read 5 tweets
30 Jun
No, the prosecutor did NOT cut a deal with Cosby. That's completely what DIDN'T happen.
Here, I wrote up the super-condensed version of what happened with Cosby today.

You're welcome. washingtonexaminer.com/opinion/guilty…
Of note: the DA's assurance of non-prosecution came in a press release. It was NOT an agreement with Cosby.
Read 6 tweets
30 Jun
Just to swing back to this now that I'm back from dinner, SCOTUS, 5-4, denies application to lift the federal eviction moratorium that's in place for the rest of July. supremecourt.gov/opinions/20pdf…
I see there are questions from the class, so let's break this down.

Groups challenging CDC's pandemic-related moratorium on evictions say CDC lacks the authority to issue that moratorium.

They're right. And a district court said so. (actually a couple courts have)
But the CDC has appealed that decision to the DC Circuit, which issued a stay of the district court's decision pending appeal.

In other words, the moratorium remains in effect pending appeal.
Read 12 tweets
29 Jun
Our first ideological 6-3 of the day is in Guzman Chavez, the immigration detention case. Justice Alito writes for the Court except for a footnote. supremecourt.gov/opinions/20pdf…
This case is about whether certain aliens being detained after unlawful reentry while they seek limited relief from removal can get out of detention on bond.

Held: nope.
Also, what's this footnote that couldn't get a majority?

Uhhhhh . . . whether the Court has jurisdiction.
Read 8 tweets

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