Dismissed as improvidently granted, 3/29/11 Docket Decision below (New York Court of Appeals) Question Presented (phrasing by On Point; check Docket or Scotusblog links for subsequent posting of official recitation) Whether someone’s driving record is suppressible as the fruit of an illegal stop or arrest. Scotusblog A mere 6 days ago, Mr. Badger raised an… Read more
A. Cert Grants
Docket Decision below (N.C. supreme court) Question Presented: Whether, in the context of interrogating a juvenile in a school setting, “custody” for purposes of triggering Miranda warnings is determined by a purely objective test; or includes subjective considerations such as the subject’s age and status as a special education student. Scotusblog page The nub of… Read more
Docket Decision below (S.C. supreme court) Questions Presented (courtesy, Scotusblog): 1) Whether an indigent defendant has a constitutional right to appointed counsel at a civil contempt proceeding that results in his incarceration; and 2) whether the Court has jurisdiction to review the decision of the South Carolina Supreme Court. Cert petition Scotusblog page Turner got… Read more
Docket Decision below (CTA11) Question Presented (from cert petition): Whether the good-faith exception to the exclusionary rule applies to a search authorized by precedent at the time of the search that is subsequently ruled unconstitutional. Cert petition Scotusblog page Fall-out from the Court’s decision in Arizona v. Gant, 556 U.S. ___, 129 S. Ct. 1710 (2009), the question… Read more
Consolidated cases: Camreta Docket Decision Below (9th Cir) Question Presented (from SCOTUSblog): Whether the Fourth Amendment requires a warrant, a court order, parental consent, or exigent circumstances before law enforcement and child welfare officials may conduct a temporary seizure and interview at a public school of a child whom they reasonably suspect was being sexually… Read more
Docket Decision Below (New Mexico supreme court) Question Presented: Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements. Cert. Petition State’s Brief Opposing Cert SCOTUSblog… Read more
Docket Decision below (KY supreme court) Question Presented (from USSC docket post): Police officers entered an apartment building in hot pursuit of a person who sold crack cocaine to an undercover informant. They heard a door slam, but were not certain which of two apartments the trafficker fled into. A strong odor of marijuana emanated… Read more
Docket Decision Below (New Mexico supreme court) Question Presented: Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements. Cert. Petition State’s Brief Opposing Cert SCOTUSblog… Read more
