Early Release Doesn’t Help Those Left Behind to Endure the COVID-19 Crisis in American Prisons

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—discusses the crisis the COVID-19 pandemic is having on America’s jails and prisons. Sarat argues that early release is a good start, but it cannot be the only solution, because all people, in and out of prisons, deserve to be treated with dignity.

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The President Cannot Order the States to Open Houses of Worship During COVID-19

MARCI A. HAMILTON

University of Pennsylvania professor Marci A. Hamilton argues that the President does not have the power to order states to open houses of worship during the COVID-19 pandemic. Hamilton discusses the limitations on federal power with respect to states and religious entities and praises the wise members of the clergy who are resisting opening before it is safe.

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Gray v. Oliver

Docket: 18-2076

Opinion Date: May 22, 2020

Judge: McDonald

Areas of Law: Class Action, Personal Injury, Professional Malpractice & Ethics

The Supreme Court held that judgment creditors cannot levy on their judgment debtor, obtain the judgment debtor's chose in action for legal malpractice against the attorney representing the judgment debtor in the litigation giving rise to the judgment, and prosecute the claim for legal malpractice against the attorney as successors in interest to their judgment debtor. Janice and Jeff Gray were awarded $127 million in a civil suit against James Lee Hohenshell. The court of appeals affirmed. While the appeal was pending, the Grays caused to be issued a writ of execution on the judgment against Hohenshell. Amongst the property levied on was any claims against Michael Oliver, Hohenshell's lawyer in the underlying suit. The Grays purchased this right for $5000 at the sheriff's sale. The Grays then filed this malpractice claim against Oliver as successors in interest to Hohenshell. The district court granted Oliver's motion for summary judgment, holding that public policy prohibits the assignment of a legal malpractice claim to an adversarial party in the underlying lawsuit. The Supreme Court affirmed, holding that judgment creditors cannot prosecute a claim for legal malpractice as successors in interest to their former litigation adversary where the claim for legal malpractice arose out of the suit in which the parties were adverse.

Doe v. State

Docket: 19-1413

Opinion Date: May 22, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court granted Jane Doe's petition for writ of certiorari, sustained the writ, and vacated the order of the district court denying Doe's application to expunge her criminal record as to three separate cases pursuant to Iowa Code 901C.2, holding that the court erred in denying the application on the ground that Doe had court-ordered financial obligations in other cases. In the three separate cases at issue the charges were all dismissed. Doe later filed an application for expungement of the record in each of the cases. The district court denied the application on the ground that Doe had "[m]onies owed in other matters." The Supreme Court vacated the district court's order denying expungement, holding (1) pursuant to State v. Doe, __ N.W.2d __ (Iowa 2020), filed today, the requisite condition for expungement requires that the defendant establish only that he satisfied all of the court-ordered financial obligations in the criminal case for which expungement was sought; and (2) in the instant case, the district court erred in concluding that Iowa Code 901C.2(1)(a)(2) required Defendant to establish that she also satisfied all court-ordered financial obligations in other cases.

Doe v. State

Docket: 19-1407

Opinion Date: May 22, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court granted John Doe's petition for writ of certiorari, sustained the writ, and vacated the order of the district court denying Doe's application to expunge his criminal record as to a particular case pursuant to Iowa Code 901C.2, holding that the court erred in denying the application on the ground that Doe had court-ordered financial obligations in other cases. In 2000, Doe was charged with escape. The charge was later dismissed. In 2019, Doe filed an application for expungement of the record. The district court denied the application on the ground that Doe had court-ordered financial obligations in other cases. The Supreme Court vacated the district court's order denying expungement, holding (1) pursuant to State v. Doe, __ N.W.2d __ (Iowa 2020), filed today, the requisite condition for expungement requires that the defendant establish only that he satisfied all of the court-ordered financial obligations in the criminal case for which expungement was sought; and (2) in the instant case, the district court erred in concluding that section 901C.2(1)(a)(2) required Defendant to establish that he also satisfied all court-ordered financial obligations in other cases.

Doe v. State

Docket: 19-1402

Opinion Date: May 22, 2020

Judge: McDonald

Areas of Law: Criminal Law

The Supreme Court granted Jane Doe's petition for writ of certiorari, sustained the writ, and vacated the order of the district court denying Doe's application to expunge her criminal record as to a particular case pursuant to Iowa Code 901C.2, holding that the court erred in denying the application on the ground that Doe had court-ordered financial obligations in other cases. In 2011, Doe was charged with one count of unauthorized use of a credit card. The charge was dismissed, and Doe subsequently satisfied all of her financial obligations in the dismissed case. In 2019, Doe filed her application to expunge the criminal record. The district court denied the application because Doe had court-ordered financial obligations remaining in other cases and thus did not meet the requisite condition set forth in section 901C.2(1)(a)(2). The Supreme Court vacated the district court's order, holding that the district court (1) erred in concluding that section 901C.2(1)(a)(2) required Defendant to establish that she satisfied all financial obligations in both this case and in any other case; and (2) erred in denying Doe's application on that ground.

State v. Delong

Docket: 18-1763

Opinion Date: May 22, 2020

Judge: Brent R. Appel

Areas of Law: Criminal Law

The Supreme Court vacated the judgment of the district court ordering restitution in the amount of $2740.95 based upon testimony and exhibits submitted by the Crime Victim Compensation Program (CVCP), holding that the restitution order was not supported by substantial evidence. Defendant was convicted of sexual abuse in the third degree and supplying alcohol to a minor. The State filed a motion for restitution. The district court approved of the restitution claim in its entirety, largely relying on testimony about the general process conducted by the CVCP in evaluating potential restitution. The Supreme Court vacated the restitution order, holding (1) the CVCP fell short of establishing restitution in the amount of $2740.95; and (2) based on the Court's review of the record, the record supported only $285.50 in restitution.