Question presented: Whether a state offense constitutes an aggravated felony under 8 U.S.C. § 1101(a)(43), on the ground that the state offense is “described in” a specified federal statute, where the federal statute includes an interstate commerce element that the state offense lacks. Lower court opinion: Torres v. Holder, 764 F.3d 152 (2nd Cir. 2014) Docket… Read more
OT ’15 grants
Question presented: When a prisoner files more than one case or appeal in the federal courts in forma pauperis, does 28 U.S.C. § 1915(b)(2) cap the monthly exaction of filing fees at 20% of the prisoner’s monthly income regardless of the number of cases or appeals for which he owes filing fees? Lower court decision… Read more
Question presented: Whether the pretrial restraint of a criminal defendant’s legitimate, untainted assets (those not traceable to a criminal offense) needed to retain counsel of choice violates the Fifth and Sixth Amendments. Lower court decision: United States v. Sila Luis, 564 Fed. Appx. 493 (11th Cir. May 1, 2014) (unpublished) Docket Scotusblog page This decision will resolve a… Read more
Question presented: Did the Georgia courts err in failing to recognize race discrimination under Batson v. Kentucky, 476 U.S. 79 (1986), in the extraordinary circumstances of this death penalty case? Lower court opinion: Foster v. Humphrey, 1989-V-2275 (Butts Co., GA, Sup. Ct. Dec. 9, 2013) (no link available) Docket Scotusblog page This will be an important case… Read more
Question presented: Whether the mandatory minimum sentence prescribed in 18 U.S.C. § 2252(b)(2)—which requires a prison term of at least ten years if a defendant convicted of possessing child pornography “has a prior conviction … under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or… Read more
Questions presented: Whether the Eighth Amendment requires that a capital-sentencing jury be affirmatively instructed that mitigating circumstances “need not be proven beyond a reasonable doubt,” as the Kansas Supreme Court held here, or instead whether the Eighth Amendment is satisfied by instructions that, in context, make clear that each juror must individually assess and weigh any… Read more
Questions Presented: 1) Did the rule announced in Miller v. Alabama, 567 U. S. ____, 132 S.Ct. 2455 (2012), adopt a new substantive rule that applies retroactively on collateral review to people sentenced as juveniles to life in prison without parole? 2) Does the Supreme Court have jurisdiction to decide whether the Supreme Court of Louisiana… Read more
Question presented: Whether Florida’s death sentencing scheme violates the Sixth Amendment or the Eighth Amendment in light of this Court’s decision in Ring v. Arizona, 536 U.S. 584 (2002). Lower court decision: Hurst v. State, 147 So.3d 435 (Fla. 2014) Docket Scotusblog page Because this is a death penalty case, the decision in this case will… Read more
