OT ’12 grants

Question Presented: Whether a state’s failure to fund counsel for an indigent defendant for five years, particularly where failure was the direct result of the prosecution’s choice to seek the death penalty, should be weighed against the state for speedy trial purposes? Docket Lower court opinion (State v. Boyer, 56 So.3d 1119 (La. App. 2011) Scotusblog page The… Read more

Question Presented: Whether this Court’s decision in Harris v. United States, 536 U.S. 545 (2002), should be overruled. Docket Lower court opinion (U.S. v. Alleyne, CTA4 No. 11-4208, 12/15/11 (unpublished)) Scotusblog page Alleyne was convicted by a jury of using or carrying a firearm during and in relation to a robbery, 18 U.S.C. §§ 924(c), 2. Though… Read more

Question Presented: Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream. Docket Lower court opinion (State v. McNeely, 358 S.W.3d 65 (Mo. Banc 2012)) Scotusblog page Does the evanescent quality… Read more

Question Presented: The California Burglary Statute Section 459 does not require as an element that a burglar “enter or remain unlawfully in a building”. The Ninth Circuit held that it could determine whether this “missing element” was shown to have been proven by applying the modified categorical approach. The issues presented are as follows: 1- Whether the Ninth… Read more

Question Presented Rule 52(b) of the Federal Rules of Criminal Procedure permits an appellate court to correct a trial court’s “plain error” despite the lack of an objection in the trial court. In Johnson v. United States, 520 U.S. 461 (1997), this Court held that, when the governing law on an issue is settled against… Read more

Question Presented: Whether withdrawing from a conspiracy prior to the statute of limitations period negates an element of a conspiracy charge such that, once a defendant meets his burden of production that he did so withdraw, the burden of persuasion rests with the government to prove beyond a reasonable doubt that he was a member… Read more

Question Presented  Does the Double Jeopardy Clause bar retrial after the trial judge erroneously holds a particular fact to be an element of the offense and then grants a midtrial directed verdict of acquittal because the prosecution failed to prove that fact? Docket Lower court opinion (491 Mich 1, 810 NW2d 535 (2012)) Scotusblog page The QP… Read more