Question presented: Whether the mandatory minimum sentence prescribed in 18 U.S.C. § 2252(b)(2)—which requires a prison term of at least ten years if a defendant convicted of possessing child pornography “has a prior conviction … under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or… Read more
44. SCOTUS
Coleman v. Tollefson, USSC No. 13-1333, 2015 WL 2340838 (May 18, 2015), affirming Coleman v. Tollefson, 733 F.3d 175 (6th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Ordinarily, an indigent litigant may proceed in forma pauperis (IFP), which allows the litigant to file a civil action without paying fees or certain expenses. But under the federal… Read more
Henderson v. United States, USSC No. 13-1487, 2015 WL 2340840 (May 18, 2015), reversing United States v. Henderson, Case No. 12-14628, 2014 WL 292169 (11th Cir. 2014) (unreported); Scotusblog page (includes links to briefs and commentary) The Supreme Court unanimously holds that a defendant convicted of a felony retains “a naked right of alienation” in any firearms… Read more
City and County of San Francisco, et al. v. Teresa Sheehan, USSC No. 13-1412, 2015 WL 2340839 (May 18, 2015), certiorari dismissed in part, and reversing in part and remanding Sheehan v. City and County of San Francisco, 743 F.3d 1211 (9th Cir. 2014); Scotusblog page (includes links to briefs and commentary) Because there was no precedent clearly establishing that it unreasonable… Read more
Rodriguez v. United States, USSC No. 13-9972, 2015 WL 1780927 (April 21, 2015), reversing United States v. Rodriguez, 741 F.3d 905 (8th Cir. 2014); Scotusblog page (includes links to briefs and commentary) Some lower courts have held that police may briefly prolong a completed traffic stop in order to conduct a dog sniff. The Supreme Court rejects that… Read more
Grady v. North Carolina, USSC No. 14-593, 2015 WL 1400850, 3/30/15 (per curiam), reversing State v. Grady, 762 S.E.2d 460 (2014) (unpublished order); docket The Supreme Court holds that a state conducts a search within the meaning of the Fourth Amendment when it attaches a device like a GPS bracelet to a person’s body without consent for… Read more
Woods v. Donald, USSC No. 14-618, 2015 WL 1400852, 3/30/15 (per curiam), reversing Donald v. Rapelje, 580 Fed. Appx. 227 (6th Cir. 2014) (unpublished); docket Trial counsel’s absence during about 10 minutes of testimony regarding evidence relating to Donald’s co-defendants—evidence trial counsel said he had “no interest in”—did not amount to a denial of counsel at… Read more
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
