OT ’12 grants

Question Presented (from cert petition):  In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to… Read more

Question Presented (from Supreme Court docket):  The Immigration and Nationality Act provides that an alien “who is convicted of an aggravated felony at any time after admission is deportable.” 8 U.S.C. §1227(a)(2)(A)(iii). A state law offense may constitute an “aggravated felony” if it is the equivalent of a “felony punishable under the Controlled Substances Act.”… Read more

Question Presented (from Cert Petition):  Whether the Florida Supreme Court has decided an important federal question in a way that conflicts with the established Fourth Amendment precedent of this Court by holding that an alert by a well-trained narcotics detection dog certified to detect illegal contraband is insufficient to establish probable cause for the search… Read more

Question Presented:  Whether a habeas petitioner’s claim has been “adjudicated on the merits” for purposes of 28 U.S.C. § 2254(d) where the state court denied relief in an explained decision but did not expressly acknowledge a federal-law basis for the claim. Scotusblog page The Court expressly limited the grant to the procedural issue recited above… Read more

Question Presented:  Whether a dog sniff at the front door of a suspected grow house by a trained narcotics detection dog is a Fourth Amendment search requiring probable cause? Scotusblog Page Florida supreme court decision, State v. Jardines (4/14/11) Coverage by Lyle Denniston, Orin Kerr (“fun stuff for Fourth Amendment nerds”), Kent Scheidegger (“This is solid police… Read more