LATEST SUMMARIES
COMMERCIAL LAW, CONSTITUTIONAL LAW, GOVERNMENT LAW, TAX LAW
• Dep't of Revenue of Kentucky v. Davis
CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
• US v. Williams
CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Ressam
CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Rodriquez
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LATEST SUMMARIES
COMMERCIAL LAW, CONSTITUTIONAL LAW, GOVERNMENT LAW, TAX LAW
Dep't of Revenue of Kentucky v. Davis, No. 06-666
In the context of states/subdivisions' exemption of interest on
their own bonds from their state income taxes, which are imposed on
bond interest from other states, the Court rules that Kentucky's
version of such a differential tax scheme does not offend the
Commerce Clause.
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CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
US v. Williams, No. 06-694
A statute criminalizing, in certain specified circumstances, the
pandering or solicitation of child pornography is neither overbroad
under the First Amendment nor impermissibly vague under the Due
Process Clause.
The Court rejects concerns that virtual child pornography or sex
between youthful-looking adult actors might be covered by the term
"simulated sexual intercourse."
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CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Ressam, No. 07-455
A circuit court's decision setting aside defendant's conviction on a
count of carrying an explosive "during the commission of" a felony
is reversed where, under a natural reading of 18 U.S.C. section
844(h)(2), since defendant was carrying explosives when he
feloniously made a false statement to a customs official, he was
carrying them "during" the commission of that felony. Contrary to
the court of appeals' ruling, there is no requirement of a
relationship between possession of the item in question and the
underlying felony.
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CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Rodriquez, No. 06-1646
A sentence for possession of a firearm by a convicted felon is
reversed where, for purposes of the Armed Career Criminal Act
(ACCA), the "maximum term of imprisonment . . . prescribed by law"
for the state drug convictions at issue was a 10-year maximum set by
the applicable state recidivist provision. The Ninth Circuit erred
in holding that "the maximum term of imprisonment ... prescribed by
law" must be determined without taking recidivist enhancements into
account.
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