UPDATES & ANALYSIS

3.03

Supreme Court Takes Up Two Cases from the Eighth Circuit

by Ryan Leemkuil | March 3, 2014

By Ryan Leemkuil

This morning, the United States Supreme Court agreed to review two cases from the Eighth Circuit Court of Appeals.

In Holt v. Hobbs, the Court will consider the legality of the Arkansas Department of Corrections’ no-beard growing policy.  Gregory Holt (a/k/a Abdul Maalik Muhammad) challenged the ban, seeking permission to grow a half-inch beard consistent with his Muslim beliefs.  The state denied Holt’s request, citing security concerns (inmates might hide contraband in their beards or quickly change their appearance with a shave).  Last June, the Eighth Circuit upheld the policy as the least restrictive means of furthering prison security interests.  Holt, in a handwritten pro se petition, convinced the Supreme Court to take up his challenge to the beard-ban.

In the other case, Warger v. Shauers, the Court will consider whether juror testimony is admissible to show alleged juror dishonesty as the basis for a new trial.  Last year, the Eighth Circuit held the evidence was inadmissible under Federal Rule of Evidence 606, reasoning that “occasional inappropriate jury deliberations” are preferable to “relentless post-verdict scrutiny and second guessing.”  The panel did, however, acknowledge a circuit split on the issue, and the Supreme Court appears poised to resolve that conflict.

 

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