Today in Supreme Court History: November 3, 1845

11/3/1845: Chief Justice Edward Douglass White's birthday.

Chief Justice Edward Douglass White

Comments

[Dan Schiavetta]

Elk v. Wilkins, 112 U.S. 94 (decided November 3, 1884): Native American born on reservation is not a citizen and therefore cannot vote even though he moved off reservation, renounced his tribal affiliation, and claimed birthright citizenship under Fourteenth Amendment (holding was abrogated by Indian Citizenship Act of 1924)

Mitchell v. Esparza, 540 U.S. 12 (decided November 3, 2003): Ohio court held that aggravated murder defendant’s omission from indictment as a “principal offender” was harmless error; the Court holds that this was not “contrary to clearly established federal law” and therefore no right to seek habeas

Rose v. Arkansas State Police, 479 U.S. 1 (decided November 3, 1986): strikes down on Supremacy Clause grounds Arkansas workers’ compensation statute allowing benefits payable to policeman’s widow under federal Public Safety Officers’ Death Benefits Act to be subtracted from workers’ compensation benefits due her

[apedad]

Re: Mitchell v. Esparza

Jan 22, 2023

Ohio death row inmate resentenced, could get parole

An Ohio prison inmate who has spent nearly four decades on death row in the murder of a convenience store clerk has been resentenced to a term that could allow his release on parole.

Lucas County Judge Stacy Cook vacated Gregory Esparza’s death sentence and imposed a new term of 30 years to life with credit for time served, The (Toledo) Blade reported. Two months ago, Cook had declared capital punishment unconstitutional in the case because prosecutors had failed to disclose evidence in his original trial.

https://apnews.com/article/crime-legal-proceedings-toledo-ohio-capital-punishment-cf591c9e06e50c9564e83f6e02b75c21

I can't find anything on Google if he has been since released.

[Dan Schiavetta]

thanks

[apedad]

I should have added that the evidence that was not disclosed was he might not have acted alone so his original complaint about not being identified as a “principal offender” actually should have been not dismissed.

[The Margrave of Azilia]

His motto was “tu ad illud consummare,” or “are you going to finish that?”

/Source: Google Translate

[loki13]

HA! If there was any running involved, this guy and Taft would be sitting at the starting line, fighting over a ham sandwich.

[SRG2]

I feel obliged to mention, as I might have done before, that Howard Taft's great-grandson Tucker is a track buddy and he is a very good 400 metre runner.

[Mr. Bumble]

"...fighting over a ham sandwich." Along with Chris Christie.

[Syd Henderson]

I note that the later members of the Taft political dynasty don’t take after him weightwise.

[apedad]

Actually CC dropped about 100 pounds.

https://www.pinkvilla.com/health/weight-loss/chris-christie-weight-loss-1233157

[SRG2]

His deckchair must be relieved.

[David Nieporent]

Elk v. Wilkins is often mis-relied upon by the FRAUD! crowd to attack birthright citizenship. But Elk was specifically about one narrow category — Indians born on Indian reservations before the ICA — and they're sui generis in constitutional law. U.S. v. Wong Kim Ark made clear that its logic did not apply to other groups.