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. Becker

Docket: 118235

Opinion Date: February 28, 2020

Judge: McAnany

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction of first-degree murder but vacated the portion of his sentence ordering lifetime postrelease supervision, holding that Defendant was not entitled to relief on his claims of prosecutorial error and errors related to jury instructions but that the district court erred in ordering lifetime postrelease supervision following Defendant's indeterminate life sentence. Specifically, the Supreme Court held (1) the prosecutor did not err in his comments during closing argument; (2) the district court did not commit reversible error in failing to instruct on lesser included crimes and on voluntary intoxication; (3) Defendant's newly raised constitutional claims were without merit; but (4) the district court erred in imposing a term of postrelease supervision rather than parole.

State v. Gray

Docket: 117747

Opinion Date: February 28, 2020

Judge: Eric S. Rosen

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction of first-degree premeditated murder, rape, and aggravated burglary, holding that the district court did not err in admitting prior sex crime evidence and did not commit clear error when it did not instruct the jury on intentional second-degree murder as a lesser included offense of first-degree murder. On appeal, Defendant argued, among other things, that the district court should have sentenced him for intentional second-degree murder even though he was convicted of first degree premeditated murder under the identical offense doctrine. The Supreme Court affirmed, holding (1) Defendant's identical offense argument was unpreserved for appellate review; (2) the district court did not err when it admitted evidence of prior crimes under Kan. Stat. Ann. 60-455; and (3) Defendant failed to establish that the jury would have reached a different verdict had the district court offered an instruction on intentional second-degree murder.