Latest Case: State v. Marquart (Civil Rights)

Is John Roberts a Closeted Never-Trumper? Reading Between the Lines of the Chief Justice’s Year-End Report

MICHAEL C. DORF

Cornell law professor Michael C. Dorf offers one interpretation of Chief Justice John Roberts’s annual year-end report on the federal judiciary—that the Chief Justice intends to serve as a modest counterbalance to President Trump. Dorf supports his interpretation with text and context of the year-end report but offers his cautious praise to the Chief Justice with a few important caveats as well.

Read More

State v. Marquart

Citation: 2020 MT 1

Opinion Date: January 7, 2020

Judge: Beth Baker

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

The Supreme Court affirmed the judgment of the district court convicting Defendant of burglary, theft, and violating an order of protection, holding that Defendant waived his right to be present at all critical stages of his criminal proceedings and that the district court did not err in concluding that Defendant did not unequivocally assert his right to represent himself. On appeal, Defendant argued that the district court denied his constitutional right to be present at a critical stage of his criminal proceedings when it held a hearing in his absence and without defense counsel and denied him the right to represent himself when he unequivocally waived his right to counsel. The Supreme Court affirmed, holding (1) Defendant voluntarily waived his right to be present at the hearing; and (2) substantial evidence existed to support the district court's determination that Defendant did not intend to represent himself, and therefore, the district court did not violate Defendant's constitutional right to do so.