After a two-week break, the Supreme Court has returned to hear its final round of cases for 2018.
Among the issues that the court will address are whether half of Oklahoma is an Indian reservation, excessive fines, and double jeopardy.
1. Carpenter v. Murphy
Is half of Oklahoma an Indian reservation? That’s the argument Dwayne Murphy is pressing to challenge his conviction in state court for mutilating and murdering his romantic rival in Henryetta, Oklahoma.
Murphy is a member of the Creek Nation, and he claims that the crimes took place within the boundaries of the Creek Nation and, as such, the state did not have jurisdiction to prosecute him.
2. Timbs v. Indiana
Most people would probably be surprised to learn that not all the guarantees in the Bill of Rights apply against state governments.
Though the Supreme Court made clear in Barron v. Baltimore (1833) that these rights restricted only the federal government, subsequent Supreme Court decisions starting in the 1920s incorporated many of these guarantees against state governments.
Today, like the federal government, states may not abridge free speech, establish official religions, or engage in unreasonable searches and seizures.
3. Gamble v. United States
The Fifth Amendment’s Double Jeopardy Clause provides that people may not be prosecuted more than once for the same crime—but the Supreme Court carved out an exception in the 1950s, allowing prosecutions in state and federal courts for the same conduct.
https://www.dailysignal.com/2018/11/26/3-upcoming-supreme-court-cases-to-watch/
Among the issues that the court will address are whether half of Oklahoma is an Indian reservation, excessive fines, and double jeopardy.
1. Carpenter v. Murphy
Is half of Oklahoma an Indian reservation? That’s the argument Dwayne Murphy is pressing to challenge his conviction in state court for mutilating and murdering his romantic rival in Henryetta, Oklahoma.
Murphy is a member of the Creek Nation, and he claims that the crimes took place within the boundaries of the Creek Nation and, as such, the state did not have jurisdiction to prosecute him.
2. Timbs v. Indiana
Most people would probably be surprised to learn that not all the guarantees in the Bill of Rights apply against state governments.
Though the Supreme Court made clear in Barron v. Baltimore (1833) that these rights restricted only the federal government, subsequent Supreme Court decisions starting in the 1920s incorporated many of these guarantees against state governments.
Today, like the federal government, states may not abridge free speech, establish official religions, or engage in unreasonable searches and seizures.
3. Gamble v. United States
The Fifth Amendment’s Double Jeopardy Clause provides that people may not be prosecuted more than once for the same crime—but the Supreme Court carved out an exception in the 1950s, allowing prosecutions in state and federal courts for the same conduct.
https://www.dailysignal.com/2018/11/26/3-upcoming-supreme-court-cases-to-watch/