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A. Cert Grants

Counterman v. Colorado, USSC No. 22-138; cert. granted 1/13/23; Scotusblog page (containing links to briefs and commentary) Question presented: Whether, to establish that a statement is a “true threat” unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is… Read more

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Adam Samia v. United States, USSC No 22-196  ; cert. granted 12/13/22; Scotusblog page (containing links to briefs and commentary) Question presented: Whether admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates the defendant’s rights under the Confrontation Clause of the Sixth Amendment. Samia and 2 co-defendants… Read more

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State v. Jovan T. Mull, 2020AP1362, petition for review of a per curiam opinion granted, 5/18/22, case activity (including briefs) Question Presented (from petition): Under binding case law, in reviewing an ineffective assistance claim, the court must defer to a trial attorney’s strategic decisions. Here, the circuit court found Mull’s attorney used reasonable strategies in… Read more

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Greer v. United States, No. 19-8709, cert. granted 1/11/21; SCOTUSblog page Question presented:  Whether, when applying plain-error review based on an intervening United States Supreme Court decision, Rehaif v. United States, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the… Read more

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United States v. Gary, No. 20-444, cert granted 1/8/21; SCOTUSblog page Question presented: Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain error relief if the district court did not advise him that one element of that offense… Read more

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United States v. Palomar-Santiago, No. 20-437, cert granted 1/8/21; SCOTUSblog page Question presented: Whether charges that a non-citizen illegally reentered the United States should be dismissed when the non-citizen’s removal was based on a misclassification of a prior conviction. Under 8 U.S.C. §1326(d), a district court must dismiss an indictment for illegal reentry after deportation… Read more

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United States v. Davis, USSC No. 18-431, June 24, 2019, affirming and vacating in part, United states v. Davis, 903 F.3d 483 (5th Cir. 2018); Scotusblog page (includes links to briefs and commentary) No surprise here.  Section 18 U.S.C. §924(c) makes it a crime to use a firearm during a crime of violence and 18 U.S.C. §924(c)(3)(B) defined… Read more

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Banister v. Davis, USSC No. 18-6943, certiorari granted 6/24/19 Question presented: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005). Decision below: Banister v. Davis, unpublished order dismissing appeal (5th Cir. May 8, 2018) USSC Docket… Read more

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