Docket Decision below: United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010), reh’g denied sub nom. United States v. Jones, 625 F.3d 766 (D.C. Cir. 2010) Questions Presented: 1. [from Petition:] Whether the warrantless use of a tracking device on petitioner’s vehicle to monitor its movements on public streets violated the Fourth Amendment. 2. [added… Read more
A. Cert Grants
Docket Decision below: Millender v. County of Los Angeles, 620 F. 3d 1016 (9th Cir 2010). reversing panel decision, 564 F.3d 1143 Questions Presented (from Petition): This Court has held that police officers who procure and execute warrants later determined invalid are entitled to qualified immunity, and evidence obtained should not be suppressed, so long… Read more
Docket Decision below: State ex rel. Smith v. Cain, 992 So. 2d 928, 2008 La. LEXIS 1772 (La., 2008), writ denied State v. Smith, 2010 La. LEXIS 2202 (La., Sept. 24, 2010) Questions Presented (from SCOTUS docket page): In this Louisiana criminal case, the state trial court, the Louisiana Fourth Circuit Court of Appeal, and the Louisiana Supreme… Read more
Docket Decision below: 623 F. 3d 222 (5th Cir. 2010) Questions Presented (from SCOTUS docket page): 1. WAS THERE JURISDICTION TO ISSUE A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. §2253(C) AND TO ADJUDICATE PETITIONER’S APPEAL? 2. WAS THE APPLICATION FOR A WRIT OF HABEAS CORPUS OUT OF TIME UNDER 28 U.S.C. §2244(D)(1) DUE TO “THE DATE ON WHICH THE JUDGMENT BECAME… Read more
Docket Decision below: Martinez v. Schriro, 623 F.3d 731 (9th Cir. 2010) Question Presented: Whether a defendant in a state criminal case who is prohibited by state law from raising on direct appeal any claim of ineffective assistance of trial counsel, but who has a state-law right to raise such a claim in a first postconviction… Read more
Docket Decision below: New Hampshire Supreme Court, No. 2009-0590, 11/18/2010 (summary order); Perry’s brief below; New Hampshire’s brief below Question Presented: When a witness in a criminal case identifies a suspect out-of-court, under suggestive circumstances which give rise to a substantial likelihood of later misidentification, due process requires the trial judge to determine whether the out-ofcourt identification and… Read more
Docket Decision below (9th Cir, unpublished) Question Presented: For more than 25 years, the Board of Immigration Appeals (BIA) held that a legal permanent resident (LPR) who is deportable due to a criminal conviction could seek a discretionary waiver of removal under Section 212(c) of the Immigration and Nationality Act, 8 U.S.C. §1182(c), provided that… Read more
Docket Decision below (621 F.3d 296 (3rd Cir 2010)) Question Presented: Whether the Fourth Amendment permits a jail to conduct a suspicionless strip search of every individual arrested for any minor offense no matter what the circumstances. Scotusblog page Caselaw in this Circuit has long rejected suspicionless jail strip searches for minor offenses. Mary Beth… Read more
