The two or three of you Those of you who regularly read this blog or are familiar with some of the posts and articles I have written know that I am a fan of Justice Scalia. Not necessarily his judicial philosophy, but his written opinions – both for the court and in dissent – which are almost always entertaining and compelling even if you disagree with his conclusions. This morning, the Supreme Court released its opinion in Whitfield v. United States, where Justice Scalia, writing for a unanimous court demonstrated again why he is one of the Supreme Court’s most engaging authors.
Whitfield was a tragic case that reads like it was ripped from a law school exam question. Whitfield was fleeing police after a botched robbery when he entered Mary Parnell’s home through an unlocked door. “Once inside, he encountered a terrified Parnell and guided her from the hallway to a computer room (which Whitfield estimates was between four and nine feet away . . . ). There, Parnell suffered a fatal heart attack. Whitfield fled, and was found hiding nearby.”
Whitfield was found guilty of a number of federal offenses, including one that makes it a crime for a suspect who is “avoiding or attempting to avoid apprehension” to “force any person to accompany him without the consent of such person.” Whitfield appealed his conviction, arguing that this statute requires “substantial” movement and his movement with Parnell did not qualify. The Fourth Circuit disagreed and Whitfield appealed to the Supreme Court. In a unanimous opinion written by Justice Scalia, the Supreme Court affirmed the Fourth Circuit’s decision and upheld Whitfield’s conviction.