Freddie Lee Hall v. Florida, USSC No. 12-10882, May 27, 2014, reversing Hall v. State, 109 So. 3d 704 (Fla. 2012); Scotusblog page (includes links to briefs and commentary) Because “intellectual disability is a condition, not a number,” and an IQ score is an approximation, not a final and infallible assessment of intellectual functioning, the… Read more
44. SCOTUS
Robers v. United States, USSC No. 12-9012, 5/5/14, affirming United States v. Robers, 698 F.3d 937 (7th Cir. 2012); Scotusblog page (includes links to briefs and case commentary); On Point’s previous coverage. Where a defendant is ordered to pay restitution under the Mandatory Victim Restitution Act (MVRA), the amount of restitution may be reduced by the value of “any… Read more
Question presented: Whether Mr. Yates was deprived of fair notice that destruction of fish would fall within the purview of 18 U.S.C. § 1519, where the term “tangible object” is ambiguous and undefined in the statute, and unlike the nouns accompanying “tangible object” in section 1519, possesses no record-keeping, documentary, or informational content or purpose… Read more
Paroline v. United States, USSC No. 12-8561, 4/23/14, vacating and remanding In re Amy Unknown, 701 F.3d 749; Scotusblog page (includes links to the briefs and case commentary) Resolving a split among federal circuit courts about how to determine restitution in child pornography cases under 18 U.S.C. § 2259, the Supreme Court holds that where a defendant possessed… Read more
Question presented: Whether a police officer’s mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop. Lower court opinion: State v. Heien, 737 S.E.2d 351 (N.C. 2012) Docket Scotusblog page Heien was stopped because one of the two brake lights didn’t illuminate when his car slowed down. But… Read more
Question presented: Whether mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act? Lower court opinion: United States v. Johnson, No. 12-3123, 2013 WL 3924343 (8th Cir. 2013) (per curiam) (unpublished) Docket Scotusblog page Of interest to federal practitioners, this case will resolve a split between… Read more
Navarette v. California, USSC No. 12-9490, 4/22/14, affirming People v. Navarette, No. A132343, 2012 WL 4842651 (Cal. Ct. App. Oct. 12, 2013) (unpublished); Scotusblog page (includes links to the briefs and commentary) Validating the rationale employed by the Wisconsin Supreme Court in State v. Rutzinski, 2001 WI 22, 241 Wis. 2d 729, 623 N.W.2d 516, the… Read more
Randy White v. Robert Keith Woodall, USSC No. 12-794, 4/23/14, reversing and remanding Woodall v. Simpson, 685 F.3d 574 (6th Cir. 2012); case activity It’s getting harder and harder to win a habeas case. Woodall requested an instruction forbidding jurors from drawing adverse inferences from his decision to not testify during the penalty phase of… Read more
