by admin
on December 14, 2017
Hughes v. United States, USSC No. 17-155, certiorari granted 12/8/12
Questions presented:
1. Whether this Court’s decision in Marks v. United States, 430 U.S. 188 (1977), means that the concurring opinion in a 4-1-4 decision represents the holding of the Court where neither the plurality’s reasoning nor the concurrence’s reasoning is a logical subset of the other.
2.Whether, under Marks, the lower courts are bound by the four-Justice plurality opinion in Freeman v. United States, 564 U.S. 522 (2011), or, instead, by Justice Sotomayor’s separate concurring opinion with which all eight other Justices disagreed.
3. Whether, as the four-Justice plurality in Freeman concluded, a defendant who enters into a Fed. R. Crim. P. 11(c)(1)(C) plea agreement is generally eligible for a sentence reduction if there is a later, retroactive amendment to the relevant Sentencing Guidelines range.
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by admin
on October 16, 2017
Currier v. Virginia, USSC No. 16-1348, certiorari granted 10/16/17
Question presented:
Whether a defendant who consents to severance of multiple charges into sequential trials loses his right under the double jeopardy clause to the issue-preclusive effect of an acquittal.
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by admin
on October 16, 2017
United States v. Microsoft Corp., USSC No. 17-2, certiorari granted 10/16/17
Question presented:
Whether a United States provider of email services must comply with a probable-cause-based warrant issued under 18 U.S.C. § 2703 by making disclosure in the United States of electronic communications within that provider’s control, even if the provider has decided to store that material abroad.
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by admin
on October 1, 2017
Collins v. Virginia, USSC No. 16-1027, cert granted 9/28/17; lower court opinion; USSC docket; SCOTUSblog page
Question presented: Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the house.
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by admin
on October 1, 2017
McCoy v. Louisiana, USSC No. 16-8255, cert granted 9/28/17
Question presented:
Is it unconstitutional for defense counsel to concede an accused’s guilt over the accused’s express objection?
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by admin
on October 1, 2017
City of Hays, Kansas v. Vogt, USSC No. 16-1495, cert granted 9/28/17
Question presented:
Whether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at a criminal trial.
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by admin
on October 1, 2017
Rosales-Mireles v. United States, USSC No. 16-9493, cert granted 9/28/17
Question presented:
In United States v. Olano, this Court held that, under the fourth prong of plain error review, “[t]he Court of Appeals should correct a plain forfeited error affecting substantial rights if the error ‘seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings.” 507 U.S. 725, 736 (1993). To meet that standard, is it necessary, as the Fifth Circuit Court of Appeals required, that the error be one that “would shock the conscience of the common man, serve as a powerful indictment against our system of justice, or seriously call into question the competence or integrity of the district judge?”
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