Federal Judiciary

Today’s Opinions | 1.14.09

By Akin Gump Supreme Court Practice Group

The Court has released the opinion in Oregon v. Ice (07-901), on whether the Sixth Amendment bars judges from imposing consecutive sentences based on facts not found by a jury. The ruling below, which found for the defendant, is reversed and remanded. Justice Ginsburg wrote the majority opinion. Justice Scalia wrote a dissenting opinion, joined by the Chief Justice and Justices Souter and Thomas. The ruling is now available here.

The Court has released the opinion in Herring v. United States (07-513), on whether courts must suppress evidence obtained following an arrest made only due to erroneous information provided by another law enforcement agency. The ruling below, which found for the government, is affirmed. The Chief Justice wrote the majority opinion. Justice Ginsburg filed a dissenting opinion, joined by Justices Stevens, Souter and Breyer. Justice Breyer filed a dissenting opinion, joined by Justice Souter. The ruling is now available here.

Full post as published by SCOTUSBLOG on January 14, 2009 (boomark / email).