On Point: OT '12 grants

Question presented:

Whether or under what circumstances the Fifth Amendment’s Self-Incrimination Clause protects a defendant’s refusal to answer law enforcement questioning before he has been arrested or read his Miranda rights.

Lower court opinion (Salinas v. State, 369 S.W.3d 176 (Tex. Crim. App. 2012))

Docket

Scotusblog page

This case could have a significant impact on Wisconsin law.

Question presented:

1. Whether the court of appeals erred in conducting its constitutional analysis on the premise that respondent was not under a federal registration obligation until SORNA was enacted, when pre-SORNA federal law obligated him to register as a sex offender.

2. Whether the court of appeals erred in holding that Congress lacks the Article I authority to provide for criminal penalties under 18 U.S.C.

Question presented

Whether the court of appeals erred in holding that any degree of judicial participation in plea negotiations, in violation of Federal Rule of Criminal Procedure 11(c)(1), automatically requires vacatur of a defendant’s guilty plea, irrespective of whether the error prejudiced the defendant.

Lower court opinion (United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (per curiam) )

Docket

Scotusblog page

This case appears to be of limited import to Wisconsin practitioners,

Question Presented:

The U.S. Sentencing Guidelines Manual directs a court to “use the Guidelines Manual in effect on the date that the defendant is sentenced” unless “the court determines that use of the Guidelines Manual in effect on the date that the defendant is sentenced would violate the Ex Post Facto Clause of the United States Constitution.” Eight courts of appeals have held that the Ex Post Facto Clause is violated where retroactive application of the Sentencing Guidelines creates a significant risk of a higher sentence.

Question Presented (from cert petition):

Does the Fourth Amendment allow the States to collect and analyze DNA from people arrested and charged with serious crimes?

Docket

Lower court opinion (King v. State, 425 Md. 550, 42 A.3d 549 (2012))

Scotusblog page

Under Maryland law, DNA Collection Act, Md. Code Ann., Pub. Safety §2-504,

Question Presented (from cert pet):

In federal habeas proceedings, undersigned counsel raised for the first time a claim under Wiggins v. Smith, 539 U.S. 510 (2003), that trial counsel were ineffective for failing to investigate the extraordinary mitigating evidence in Mr. Trevino’s life. The federal proceeding was stayed to allow exhaustion, but the Texas Court of Criminal Appeals dismissed Mr. Trevino’s Wiggins claim under state abuse of the writ rules.

Question Presented:

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) contains a one-year statute of limitations for filing a habeas petition. In Holland v. Florida, 130 S. Ct. 2549, 2562 (2010), this Court affirmed that a habeas petitioner is entitled to equitable tolling of that one-year period “only if he shows: (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.” 

Question Presented:

Whether a state’s failure to fund counsel for an indigent defendant for five years, particularly where failure was the direct result of the prosecution’s choice to seek the death penalty, should be weighed against the state for speedy trial purposes?

Docket

Lower court opinion (State v. Boyer, 56 So.3d 1119 (La. App. 2011)

Scotusblog page

The issue appears to be whether inability to assign counsel is a “systemic breakdown”

Question Presented:

Whether this Court’s decision in Harris v. United States, 536 U.S. 545 (2002), should be overruled.

Docket

Lower court opinion (U.S. v. Alleyne, CTA4 No. 11-4208, 12/15/11 (unpublished))

Scotusblog page

Alleyne was convicted by a jury of using or carrying a firearm during and in relation to a robbery,

Question Presented:

Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.

Docket

Lower court opinion (State v. McNeely, 358 S.W.3d 65 (Mo. Banc 2012))

Scotusblog page

Does the evanescent quality of alcohol (or any metabolized substance,