A. Cert Grants

Questions presented: (1) Whether a state court’s rejection of a claim of federal constitutional error on the ground that any error, if one occurred, was harmless beyond a reasonable doubt is an “adjudicat[ion] on the merits” within the meaning of 28 U.S.C. § 2254(d), so that a federal court may set aside the resulting final… Read more

Question presented: Does a felony conviction extinguish all of a defendant’s property interests in a firearm, such that he or she may not even arrange for the sale or other transfer of any surrendered or seized firearms to another person because doing so would constitute “constructive” possession and thus violate 18 U.S.C. § 922(g)’s ban on possession of a… Read more

Questions presented: 1. Does an individual’s obligation to report suspected child abuse make that individual an agent of law enforcement for purposes of the Confrontation Clause? 2. Do a child’s out-of-court statements to a teacher in response to the teacher’s concerns about potential child abuse qualify as “testimonial” statements subject to the Confrontation Clause? Lower… Read more

Question presented: This Court has held that, during an otherwise lawful traffic stop, asking a driver to exit a vehicle, conducting a drug sniff with a trained canine, or asking a few off-topic questions are de minimis intrusions on personal liberty that do not require reasonable suspicion of criminal activity in order to comport with the… Read more

Question presented: To trigger deportability under 8 U.S.C. § 1227(a)(2)(B)(i), must the government prove the connection between a drug paraphernalia conviction and a substance listed in section 802 of the Controlled Substances Act? Lower court opinion: Mellouli v. Holder, 719 F.3d 995 (8th Cir. 2013). Docket Scotusblog page This case will be of interest primarily to lawyers handling immigration… Read more

Question presented: Whether 18 U.S.C. § 2113(e), which provides a minimum sentence of ten years in prison and a maximum sentence of life imprisonment for a bank robber who forces another person “to accompany him” during the robbery or while in flight, requires proof of more than a de minimis movement of the victim. Lower court… Read more

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