Questions presented Whether, consistent with the First Amendment and Virginia v. Black, 538 U.S. 343 (2003), conviction of threatening another person requires proof of the defendant’s subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a… Read more
A. Cert Grants
Question presented: Whether Mr. Yates was deprived of fair notice that destruction of fish would fall within the purview of 18 U.S.C. § 1519, where the term “tangible object” is ambiguous and undefined in the statute, and unlike the nouns accompanying “tangible object” in section 1519, possesses no record-keeping, documentary, or informational content or purpose… Read more
Question presented: Whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop. Lower court opinion: State v. Heien, 737 S.E.2d 351 (N.C. 2012) Docket Scotusblog page Heien was stopped because one of the two brake lights didn’t illuminate when his car slowed down. But… Read more
Question presented: Whether mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act? Lower court opinion: United States v. Johnson, No. 12-3123, 2013 WL 3924343 (8th Cir. 2013) (per curiam) (unpublished) Docket Scotusblog page Of interest to federal practitioners, this case will resolve a split between… Read more
Question Presented: Did the Fifth Circuit err in holding that a federal habeas petitioner who prevailed in the district court on an ineffective assistance of counsel claim must file a separate notice of appeal and motion for a certificate of appealability to raise an allegation of deficient performance that the district court rejected even though the Fifth Circuit… Read more
David L. Riley v. California, USSC 13-132 Question presented: Whether evidence admitted at petitioner’s trial was obtained in a search of petitioner’s cell phone that violated petitioner’s Fourth Amendment rights. Lower court opinion: People v. Riley, No. D059840 (Cal. App. 4th Dist., Feb. 8, 2013) (unpublished) Docket Scotusblog page United States v. Brima Wurie, USSC… Read more
Question Presented: Whether the government must prove that the defendant intended to defraud a bank and expose it to risk of loss in every prosecution under 18 U.S.C. § 1344. Lower court decision: United States v. Loughrin, 710 F.3d 1111 (10th Cir. 2013) Docket Scotusblog page Are you defending someone charged with federal bank fraud… Read more
Question presented: Whether the Florida scheme for identifying mentally retarded defendants in capital cases violates Atkins v. Virginia. Lower court opinion: Hall v. State, 109 So.3d 704 (Fla. 2012) Docket Scotusblog page Atkins v. Virginia, 536 U.S. 304 (2002), held that it is unconstitutional under the Eighth Amendment to execute a person who is found… Read more
