(1) Affirmative Action: Fisher v. University of Texas At Austin, Et Al., 570 U.S.___(2013).
The Supreme Court allowed affirmative action to survive in college admission but imposed a tough legal standard, ruling that schools must prove there are "no workable race-neutral alternatives" to achieve diversity on campus.
(2) DNA Collection: Maryland v. King, 569 U.S.__(2013).
The Supreme Court ruled that when law enforcement officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the station to be detained in custody taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.
(3) Miranda Warning/Fifth Amendment: Salinas v. Texas, 570 U.S.__(2013).
Petitioner, without being placed in custody or receiving Miranda warnings, voluntarily answered some of a police officer’s questions about a murder, but fell silent when asked whether ballistics testing would match his shotgun to shell casings found at the scene of the crime. At petitioner’s murder trial in Texas state court, and over his objection, the prosecution used his failure to answer the question as evidence of guilt. He was convicted, and both the State Court of Appeals and Court of Criminal Appeals affirmed, rejecting his claim that the prosecution’s use of his silence in its case in chief violated the Fifth Amendment.
Held: The judgment is affirmed. Salinas should have expressly asserted his 5th Amendment privilege to the officer.
(4) Defalcation: Bullock v. BankChampaign, 569 U.S.__(2013).
The Supreme Court defined the term "defalcation" in the Bankruptcy Code to include a culpable state of mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior.
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