McKinney v. Arizona, USSC No. 18-1109, certiorari granted 6/10/19; affirmed 2/25/20 Questions presented: 1. Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted 2. Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing… Read more
A. Cert Grants
Kansas v. Glover, USSC No. 18-556, certiorari granted 4/1/19 Question presented: Whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary. USSC docket; SCOTUSblog page (including links… Read more
Randall Mathena, Warden v. Lee Boyd Malvo, USSC No. 18-217, certiorari granted 3/18/19 Question presented: Montgomery v. Alabama, 136 S. Ct. 718 (2016)), held that the new constitutional rule announced in Miller v. Alabama, 567 U.S. 460 (2012), applies retroactively to cases on collateral review. Did the the Fourth Circuit Court of Appeals err in… Read more
Kansas v. Garcia, USSC No. 17-834, certiorari granted 3/18/19 Questions presented: 1. Whether the Immigration Reform and Control Act (IRCA) expressly preempts the States from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any… Read more
Kahler v. Kansas, USSC No. 18-6135, certiorari granted 3/18/19 Question presented: Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense? Decision below; USSC docket; Scotusblog page As Scotusblog explains, Kahler was convicted of killing his, wife, kids, and his wife’s grandmother, and he was sentenced to death. His lawyers argued… Read more
Evangelisto Ramos v. Louisiana, USSC No. 18-5924, certiorari granted 3/18/19, Reversed 4/20/20 Question presented: Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict? Decision below: State v. Ramos, 231 So.3d 44 (La. App. 2017) USSC Docket Scotusblog page (including links to briefs and commentary) Close on the heels of its… Read more
Gerald Mitchell v. Wisconsin, USSC No. 18-6210, certiorari granted 1/11/19 Question presented: Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement. Decision below: State v. Mitchell, 2018 WI 84, __ Wis. 2d __, 914 N.W.2d 151. USSC Docket Scotusblog page (including links to briefs… Read more
Terance Martez Gamble v. United States, USSC No. 17-646, certiorari granted 6/28/18 Question presented: Whether the Court should overrule the “separate sovereigns” exception to the Double Jeopardy Clause. Decision below: United States v. Gamble, 694 Fed Appx 750 (11th Cir. 2017) (unpublished) USSC Docket Scotusblog page (including links to briefs and commentary) The “separate sovereigns”… Read more
