{"id":229,"date":"2026-06-22T18:39:05","date_gmt":"2026-06-22T18:39:05","guid":{"rendered":"https:\/\/americanservicereview.com\/?p=229"},"modified":"2026-06-22T18:39:05","modified_gmt":"2026-06-22T18:39:05","slug":"justices-issue-orders-on-murder-for-hire-case-involving-social-media-influencer-the-role-of-race-in-seizing-persons-and-the-execution-of-a-texas-man-claiming-to-be-intellectually-disabled","status":"publish","type":"post","link":"https:\/\/americanservicereview.com\/?p=229","title":{"rendered":"Justices issue orders on murder-for-hire case involving social media influencer, the role of race in seizing persons, and the execution of a Texas man claiming to be intellectually disabled"},"content":{"rendered":"
\n

Over a dissent by Justice Samuel Alito, the Supreme Court on Monday sent the case of a Texas woman convicted of hiring someone to commit murder back to the lower court for another look. And its denial of review in two other criminal cases drew written dissents \u2013 one from Alito, joined by Justice Clarence Thomas, in a case involving the role of race in whether someone has been \u201cseized\u201d for purposes of the Fourth Amendment, and another by the court\u2019s three Democratic appointees in the case of a Texas man who \u2013 with the state\u2019s support \u2013 was seeking a new proceeding to determine whether he is intellectually disabled and cannot be executed.<\/p>\n

Read more Court reimposes conviction of man found to have killed Etan Patz<\/a><\/p>\n

The court\u2019s actions came as part of released from the justices\u2019 June 18 conference. The justices will meet for another conference \u2013 the final regularly scheduled conference before their summer recess \u2013 on Thursday, June 25. The court is likely to release orders from that conference on Monday, June 29, at 9:30 a.m. EDT.<\/p>\n

In Grayson v. United States<\/em>, the court sent the case of Ashley Grayson, a Texas-based social-media influencer convicted and sentenced to 10 years in prison for hiring someone to kill a rival influencer, back to a federal appeals court for it to reconsider its earlier ruling in light of the government\u2019s concession that the lower court applied the wrong rule.<\/p>\n

The government\u2019s case against Grayson relied heavily on a FaceTime call between Grayson and an aspiring influencer, Olivia Johnson. Unbeknownst to Grayson, Johnson had recorded the call, in which she asked for an advance on the murder that Grayson had solicited her to commit (but which Johnson never tried to go forward with).<\/p>\n

Grayson tried to bar prosecutors from using the recording of the call. She argued that the Federal Wiretap Act, which both makes it illegal to \u201cintentionally intercept\u201d an electronic communication and prohibits the use of illegally intercepted communications as evidence at trial.<\/p>\n

The trial judge in Grayson\u2019s case allowed prosecutors to use the recording under an exception known as the \u201cclean hands\u201d rule. The U.S. Court of Appeals for the 6th Circuit upheld that ruling. It pointed to a 1995 ruling in which that court held that \u201c[d]espite the fact that the recordings were illegally intercepted, we held that suppression is not warranted in a criminal prosecution where the \u2018government played no part in the unlawful interception.\u2019\u201d<\/p>\n

Grayson , where she argued (and the federal government agreed) that there is no \u201cclean hands\u201d exception to the Federal Wiretap Act and that the 6th Circuit\u2019s rule is at odds with the decisions of other courts of appeals.<\/p>\n

The government nevertheless urged the justices either to deny review or to send the case back to the lower court for another look. U.S. Solicitor General D. John Sauer that there is no need for it to intervene because the issue that Grayson has asked them to review rarely arises. \u201cThis case,\u201d Sauer wrote, \u201cappears to be the first in 30 years in which either the\u201d 6th Circuit \u201cor any district court in that circuit has applied\u201d the 1995 ruling\u2019s \u201cclean hands\u201d exception. And in any event, Sauer added, the application of the \u201cclean hands\u201d rule might not ultimately affect the outcome of Grayson\u2019s case \u2013 for example, because it isn\u2019t clear whether the recording was illegally obtained in the first place.<\/p>\n

In , the court sent the case back to the court of appeals. Alito penned a one-paragraph dissent from that disposition of the case in which he contended that even if the 6th Circuit applied the wrong rule, that error didn\u2019t make a difference. \u201cEven setting aside the FaceTime recording,\u201d Alito wrote, \u201ca mountain of properly admitted evidence proved\u201d Grayson\u2019s \u201cguilt.\u201d<\/p>\n

The court also on Monday declined to hear the case of Dontae Carter, who was charged and convicted of eight counts related to his possession of a gun. Police in Washington, D.C., found the gun when they approached a group of men gathered outside. In response to a question from an officer, Carter lifted his shirt to show the police that he did not have a gun in his waistband; an officer then asked him to \u201chik[e]\u201d his pants up, which he did. At that point, another officer noticed an L-shaped bulge in Carter\u2019s groin area. When police frisked Carter, they found a gun.<\/p>\n

Carter sought to have the gun and a statement that he made to the police after it was discovered excluded from the evidence used against him on the ground that it violated the Fourth Amendment\u2019s bar on unreasonable seizures.<\/p>\n

The trial judge rejected Carter\u2019s argument, but the District of Columbia Court of Appeals \u2013 D.C.\u2019s highest court \u2013 reversed that ruling and threw out his convictions. Writing for the court, Senior Judge Eric Washington framed the issue at the center of the case as whether Carter was \u201cseized\u201d for purposes of the Fourth Amendment when the police officer asked him to raise his pants. And that in turn, Washington wrote, hinged on whether a reasonable person in his place \u201cwould have \u2018felt free to terminate\u2019 the interaction and \u2018go about their business.\u2019\u201d<\/p>\n

Washington acknowledged that it was a \u201cclose case,\u201d but he ultimately concluded that the officers\u2019 conduct had been \u201ccoercive\u201d and that this effect would have been exacerbated by the fact that Carter is Black. \u201cGiven the facts of this case,\u201d Washington said, \u201cwe believe that such apprehension would have led an objective and reasonable Black man in Mr. Carter\u2019s shoes to feel as though he had to comply with the officers\u2019 demands rather than terminating the encounter.\u201d Because police officers did not have reasonable suspicion or probable cause to seize Carter, Washington indicated, they violated the Fourth Amendment \u2013 and both Carter\u2019s gun and his subsequent statement to police should not have been admitted.<\/p>\n

The federal government \u2013 which is responsible for prosecuting crimes in D.C. \u2013 , calling the lower court\u2019s ruling \u201cdeeply flawed.\u201d The inquiry into whether Carter was seized, Sauer wrote, \u201c\u2018does not vary with the state of mind of the particular individual being approached.\u2019\u201d Moreover, he added, the ruling \u201cthreatens to seriously hinder law enforcement in the Nation\u2019s capital.\u201d<\/p>\n

Carter to deny review. More than 45 years ago, he said, that race is \u201cnot irrelevant\u201d in determining whether a young Black woman \u201c\u2018reasonably\u2019 would \u2018have felt unusually threatened by the officers, who were white males.\u2019\u201d Moreover, he added, the lower court in his case \u201cexpressly held that \u2018any reasonable person<\/em>\u2019\u2014not just an objectively reasonable Black man\u2014’would be fearful of failing to cooperate under these circumstances.\u2019\u201d<\/p>\n

Read more Supreme Court agrees to hear case on the ability to sue federal officials<\/a><\/p>\n

Over , the justices turned down the government\u2019s request to weigh in. Alito wrote that he \u201cwould grant the petition\u201d for review. Stressing that the Constitution \u201c\u2018almost never\u2019 allows government actors to treat persons differently based on their race,\u201d Alito contended that \u201c[i]t is dangerous to allow an individual to be treated differently based on statistics, studies, or expert testimony that purports to show that members of the racial or ethnic group to which he belongs are more likely to act in a certain way than are members of other groups.\u201d<\/p>\n

And in Salda\u00f1o v. Texas<\/em>, Justice Sonia Sotomayor \u2013 joined by Justices Elena Kagan and Ketanji Brown Jackson \u2013 dissented from the court\u2019s decision not to grant relief to a Texas man who was convicted of murder and sentenced to death in 1996.<\/p>\n

When the state attempted to set an execution date in 2021, Victor Salda\u00f1o argued (among other things) that he was intellectually disabled and therefore could not be executed under the Supreme Court\u2019s 2002 ruling in Atkins v. Virginia<\/em>. In 2024, both the state\u2019s experts and Salda\u00f1o\u2019s own experts agreed. Salda\u00f1o filed an application for post-conviction relief in state court and asked the Texas Court of Criminal Appeals \u2013 the state\u2019s highest court for criminal cases \u2013 to send the case back to the trial court for it to rule on his Atkins<\/em> claim.<\/p>\n

When the TCCA declined to do so, and both asked the Supreme Court to send the case back for consideration of this. In a brief, unsigned on Monday, the court rejected that request.<\/p>\n

In , Sotomayor stressed that the court\u2019s ruling \u201cnot only does a profound disservice to Salda\u00f1o, who now might be executed without any court ever determining whether he is, in fact, intellectually disabled,\u201d but also \u201cseverely undermines the State\u2019s interest in ensuring the legitimacy of its criminal system.\u201d<\/p>\n

In a brief, separate order on Monday in Newberry v. Texas<\/em>, the court sent the case of Michael Newberry, who was convicted and sentenced to life in prison for a 1996 robbery and murder, back to the TCCA for another look.<\/p>\n

The state had agreed with Newberry that, as a result of the prosecutors\u2019 failure to provide key evidence, Newberry had not received a fair trial, and the state trial court recommended that he get a new trial.<\/p>\n

The TCCA rejected that recommendation in a brief, unsigned order, writing only that Newberry had \u201cnot met his burden to prove that he is entitled to relief.\u201d<\/p>\n

Newberry in January, asking the justices either to reverse the TCCA\u2019s decision without additional briefing or oral argument or to take up the case and hear argument.<\/p>\n

In in the Supreme Court, the state echoed Newberry\u2019s contention that the TCCA\u2019s \u201cdecision cannot stand.\u201d Although it \u201crecogniz[ed]\u201d the TCCA\u2019s \u201ccritical duty to exercise independent judgment, the State of Texas believes that the TCCA\u2019s unreasoned and unprecedented decision upsets the public\u2019s interest in ordered justice and further denies\u201d Newberry \u201cthe due process he was deprived of nearly thirty years ago.\u201d<\/p>\n

On Monday, however, the justices returned Newberry\u2019s case to the lower court \u201cfor further consideration in light of the position asserted by Texas\u201d in its brief.<\/p>\n

The justices did the same in the case of Jeffrey Busby, who was sentenced to 40 years in prison for selling 2.84 grams of methadone. On appeal, he argued that testimony against him by a forensic drug analysis specialist who had simply reviewed another analyst\u2019s work violated his right under the Sixth Amendment to confront the witnesses against him.<\/p>\n

Mississippi agreed that the testimony violated the Constitution, but it said that any error was harmless. The Mississippi Supreme Court rejected the state\u2019s position and that there was no constitutional violation.<\/p>\n

Busby in February, asking the justices to summarily reverse the state supreme court\u2019s decision. The that the court \u201cshould summarily vacate the Mississippi Supreme Court\u2019s judgment and remand for further proceedings\u201d \u2013 which the justices did on Monday.<\/p>\n

Read more Court determines federal defendants\u2019 appellate waivers unenforceable if a miscarriage of justice would result<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Over a dissent by Justice Samuel Alito, the Supreme Court on Monday sent the case of a Texas woman convicted of hiring someone to commit murder back to the lower court for another look. 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