Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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State v. Mann

Docket: 29/19

Opinion Date: December 19, 2019

Judge: Shirley M. Watts

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Court of Appeals reversed the judgment of the court of special appeals affirming the judgment of the circuit court granting Defendant's petition for postconviction relief and ordering a new trial on the ground that Defendant's trial counsel provided ineffective assistance of counsel by not requesting an alibi jury instruction, holding that the circumstance that Defendant's trial counsel did not request an alibi jury instruction did not prejudice Defendant. At issue was whether Defendant satisfied, under Strickland v. Washington, 466 U.S. 668 (1984), his burden of proving that he was prejudiced when his trial counsel did not request, and the trial court did not give, an alibi jury instruction where purported alibi witnesses testified at trial. The Court of Appeals concluded that Defendant was not prejudiced because none of the purported alibi witnesses' testimony indicated that Defendant could not have been at the murder scene, and the circumstance that the circuit court gave other instructions regarding the State's burden to prove guilt beyond a reasonable doubt diminished the claim of prejudice.

Motor Vehicle Administration v. Medvedeff

Docket: 15/19

Opinion Date: December 19, 2019

Judge: Hotten

Areas of Law: Criminal Law, Government & Administrative Law

The Court of Appeals reversed the decision of the circuit court affirming the decision of the administrative law judge (ALJ) concluding that an officer did not have reasonable grounds to believe that Respondent was driving or attempting to drive a motor vehicle while impaired, holding that the ALJ erred in imposing his credibility determinations and inferences to make the legal determination at issue. Following a traffic infraction, the officer in this case approached the vehicle, observed Respondent sitting in the driver's seat, and smelled alcohol on her breath and person. The officer requested that Respondent take an alcohol concentration test. Respondent refused to submit to the breath test, and the officers confiscated her driver's license. The ALJ took "no action" on the order of suspension, and Respondent's driving privileges were reinstated. The circuit court affirmed. The Court of Appeals reversed, holding that the detaining officer had reasonable grounds to suspect Respondent was driving or attempting to drive while impaired or under the influence of alcohol.