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
A. Cert Grants
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
Question presented: Does a conspiracy to commit extortion in violation of the Hobbs Act, 18 U.S.C. § 1951(b)(2), require that the conspirators agree to obtain property from someone outside the conspiracy? Lower court decision: United States v. Ocasio, 750 F.3d 399 (4th Cir. 2014) Docket Scotusblog page This case will be of interest to federal practitioners who… Read more
Question presented: Whether, to convict a defendant of distribution of a controlled substance analogue, the government must prove the defendant knew that the substance constituted a controlled substance analog, as held by the Second, Seventh, and Eighth Circuits, but rejected by the Fourth and Fifth Circuits. Lower court decision: United States v. McFadden, 753 F.3d… Read more
Questions presented: 1) Does the rule announced in Miller v. Alabama, 567 U. S. ____, 132 S.Ct. 2455 (2012), apply retroactively to this case? 2) Is a federal question raised by a claim that a state collateral review court erroneously failed to find that a new constitutional rule fits within an exception to Teague v. Lane, 489 U.S. 288 (1989), which… Read more
Questions presented: I. Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. Virginia, 536 U.S. 304 (2002), has based its decision on an unreasonable determination of facts under 28 U.S.C. § 2254(d)(2). II. Whether a state court that… Read more
Questions presented: 1. Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody. 2. Whether it was clearly established that, even where an exception to the warrant requirement applied, an entry into a residence could… Read more
