Follow Us

Facebooktwitterrss
≡ Menu

OT ’17 grants

Byrd v. United States, USSC No. 2016-1371, cert granted 9/28/17; 3rd Circuit’s opinion; docket; SCOTUSblog page Question presented: A police officer may not conduct a suspicionless and warrantless search of a car if the driver has a reasonable expectation of privacy in the car–i.e., an expectation of privacy that society accepts as reasonable. Does a… Read More

{ 0 comments }

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? Decision below: State v. McCoy, 218 So.3d 535 (La. 2016) USSC Docket Scotusblog page (including links to cert petition and responses; briefs; and commentary) You’d think the answer… Read More

{ 0 comments }

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. Decision below: Vogt v. City of Hays, Kansas, 844 F.3d 1235 (10th Cir. 2017) USSC Docket Scotusblog page (includes links… Read More

{ 0 comments }

SCOTUS to clarify plain error review standard

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… Read More

{ 0 comments }