It Is Possible and Necessary to Nullify Trump’s Corrupt Pardons (Including Secret Ones)

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan argues that it is not only constitutional but necessary to review and nullify corrupt presidential pardons, including many of those granted by former President Trump. Professor Buchanan debunks the misconception that the presidential pardon power is “unlimited” as journalists have assumed, based on the language and context of the Pardon Clause and that of a seminal Supreme Court case interpreting it.

Read More

Miles v. Jordan

Docket: 19-5340

Opinion Date: February 24, 2021

Judge: Richard Allen Griffin

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

In March 2005, Miles was indicted for murder, wanton endangerment, tampering with physical evidence, and being a persistent felony offender. Eight months later, law enforcement sent a hat recovered at the crime scene to a lab for DNA testing. The court granted the prosecutor several continuances, waiting for the DNA results for the hat. Miles himself filed an unsuccessful speedy-trial motion, arguing that the DNA testing was a “stall tactic.” The hat was negative for Miles’ DNA. Miles’s trial began 21 months after he was indicted. On appeal, the issues concerned a gun, found under Miles’s mattress but not linked to the shootings, and Miles’s nicknames. Miles appealed to the Kentucky Supreme Court, arguing that the 21-month delay between his indictment and trial violated his Sixth Amendment speedy trial rights. Applying the four-factor test established by the U.S. Supreme Court, that court affirmed his convictions. In Kentucky habeas proceedings, Miles argued that his trial counsel was ineffective for failing to object to the prosecutor’s references to the gun and to the prosecutor’s use of his nicknames. The Kentucky Supreme Court held that there was not a reasonable probability that the verdicts would have been different if his counsel had objected to the gun or nickname references. The Sixth Circuit affirmed the denial of Miles’s petition for federal habeas relief; the district court appropriately deferred to the Kentucky Supreme Court’s reasonable resolutions of Miles’s claims.

Reedy v. West

Docket: 20-1367

Opinion Date: February 24, 2021

Judge: Guy

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

Reedy, a Michigan prisoner, was a 47-year-old African American, serving a DUI sentence. His cellmate, Hensley was a 53-year-old much larger Caucasian, convicted of first-degree criminal sexual conduct involving a child. Reedy claims that in June 2016, he told Assistant Resident Unit Supervisor Wade about Hensley's threats against his life. In July, Reedy told prison counselor West “that [his] bunkie had threatened [him] and we needed to move.” West allegedly responded, “I’ll get back with you,” but never did. Days later, Reedy and Hensley went together to West’s office. Reedy claims he “reiterate[d] [his] fear” West allegedly replied, Hensley "ain’t going to do nothing.” West claims Reedy remained silent, while Hensley stated, “You guys got to move this motherfucker” or “whatever happens . . . is going to be onto [you].” West claims that he told the men to work it out and that Reedy returned later and said that “everything was good.” The next morning, Hensley used a softball-sized rock in a laundry bag to beat Reedy while he was sleeping. In Reedy’s Eighth Amendment “failure to protect" lawsuit under 42 U.S.C. 1983, the district court dismissed the other prison officials and, with respect to West, concluded that there was insufficient evidence for a reasonable jury to find in favor of Reedy as to both an objective, substantial risk of serious harm to Reedy before the assault and that West was deliberately indifferent to that risk. The Sixth Circuit affirmed. Viewing the record in the light most favorable to Reedy, he has not created a triable issue of fact to support an Eighth Amendment failure-to-protect claim.