Two Notable Criminal Cases Granted Cert

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by: Ryan • June 27, 2013 • no comments

From SCOTUSblog:

The Court agreed to hear, in its next Term, the cases of White v. Woodall (12-794), involving jury instructions in a death penalty case, and Paroline v. United States (12-8561), limiting the question in that second case to a newly crafted question about restitution orders in child pornography cases.

In White v. Woodall, the issue involves the failure of the trial court to give a "no adverse inference" instruction regarding the defendant's failure to testify in the sentencing phase of a capital trial, when the defendant had pleaded guilty to all crimes and aggravators. Since this was a habeas case, that question is colored by the inevitable AEDPA issues.

The Paroline case involves restitution and proximate causes in a child port case: $3.4 million awarded to a victim who had never had contact with the defendant.

Links to both cases here.