What Is a Seizure, and What Is a Holding? The Court Hears Argument in Torres v. Madrid

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on two particular aspects of a case in which the U.S. Supreme Court heard oral argument last month, Torres v. Madrid. First, Colb discusses the distinction, for Fourth Amendment purposes, between touching someone directly with one’s hands and touching someone indirectly using an inanimate object. Second, she explains the difference between holding and dicta in a court opinion. Using these two points as illustrations, Colb shows how flexible the Constitution can be, lending itself to very different interpretations.

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State v. Williams

Citation: 2020 ME 128

Opinion Date: November 3, 2020

Judge: Humphrey

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

The Supreme Judicial Court affirmed Defendant's conviction of intentional or knowing murder of a deputy sheriff, holding that there was no error, clear or otherwise, in the proceedings below. Specifically, the Supreme Judicial Court held (1) the trial court did not abuse its discretion in permitting the State to introduce in-court demonstrations of the possible circumstances of the shooting and in allowing the demonstration to be presented to the jury over Defendant's Rule 403 objection; (2) the trial court did not err in partially denying Defendant's motion to suppress statements he made to detectives after his arrest; and (3) there was no error in the court's sentencing proceedings, and the court did not abuse its discretion in imposing a sentence of life imprisonment.

State v. Weyland

Citation: 2020 ME 129

Opinion Date: November 3, 2020

Judge: Horton

Areas of Law: Criminal Law

The Supreme Judicial Court affirmed Defendant's conviction of murder, entered by the trial court following Defendant's guilty plea, holding that the trial court did not abuse its discretion in denying Defendant's motion to withdraw her guilty plea and did not abuse its discretion or misapply sentencing principles in sentencing Defendant. Specifically, the Supreme Judicial Court held (1) contrary to Defendant's asserting on appeal, the court did not abuse its discretion in concluding that Defendant understood the nature of the offense charged and voluntarily entered the plea, and therefore, the trial court did not err in denying Defendant's motion to withdraw her guilty plea; and (2) the trial court did not misapply sentencing principles in determining the basic period of incarceration.