Tuesday, February 25, 2014

BREAKING -- Supremes decide Kaley this morning

Here is the opinion

The Eleventh Circuit is affirmed. The case is remanded; Justice Kagan writes for the Court. Vote is six to three. Roberts dissents, joined by Sotomayor and Breyer.  Very interesting lineup.

Will write more when I have had a chance to read it, but here is the holding:

When challenging the legality of a §853(e)(1) pre-trial asset seizure, a criminal defendant who has been indicted is not constitutionally entitled to contest a grand jury’s determination of probable causeto believe the defendant committed the crimes charged.

3 comments:

Anonymous said...

Wonder if she'll get the PD now.

MC Waste Services, Inc said...

Thomas is so cool, opinions are like ____________ , everybody has one, except Thomas

Anonymous said...

Let's be honest: in most -- perhaps all -- cases, an AFPD is just as good -- if not better -- than a high-priced private attorney. Kaley is really much ado about very little.