On Point: OT '12 grants

Question Presented:

The California Burglary Statute Section 459 does not require as an element that a burglar “enter or remain unlawfully in a building”. The Ninth Circuit held that it could determine whether this “missing element” was shown to have been proven by applying the modified categorical approach.

The issues presented are as follows:

1- Whether the Ninth Circuit’s ruling in United States v.

Question Presented

Rule 52(b) of the Federal Rules of Criminal Procedure permits an appellate court to correct a trial court’s “plain error” despite the lack of an objection in the trial court. In Johnson v. United States, 520 U.S. 461 (1997), this Court held that, when the governing law on an issue is settled against the defendant at the time of trial but then changes in the defendant’s favor by the time of appeal,

Question Presented:

Whether withdrawing from a conspiracy prior to the statute of limitations period negates an element of a conspiracy charge such that, once a defendant meets his burden of production that he did so withdraw, the burden of persuasion rests with the government to prove beyond a reasonable doubt that he was a member of the conspiracy during the relevant period — a fundamental due process question that is the subject of a well-developed circuit split.

Question Presented 

Does the Double Jeopardy Clause bar retrial after the trial judge erroneously holds a particular fact to be an element of the offense and then grants a midtrial directed verdict of acquittal because the prosecution failed to prove that fact?

Docket

Lower court opinion (491 Mich 1, 810 NW2d 535 (2012))

Scotusblog page

The QP efficiently sets up the issue,

Question Presented (from cert petition):

Whether, pursuant to Michigan v. Summers, 452 U.S. 692 (1981), police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed.

Docket

Lower court decision (652 F.3d 197 2nd Cir 2011)

Scotusblog page

Police getting ready to execute a search warrant saw Bailey leave the residence,

Question Presented (from cert petition): 

In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to persons whose convictions became final before its announcement.

Question Presented (from Supreme Court docket): 

The Immigration and Nationality Act provides that an alien “who is convicted of an aggravated felony at any time after admission is deportable.” 8 U.S.C. §1227(a)(2)(A)(iii). A state law offense may constitute an “aggravated felony” if it is the equivalent of a “felony punishable under the Controlled Substances Act.” 8 U.S.C.§ 1101(a)(43)(B); 18 U.S.C. § 924(c)(2). Under the Controlled Substances Act, a person commits a felony if he possesses with intent to distribute “less than 50 kilograms of marihuana,”

Question Presented (from Cert Petition): 

Whether the Florida Supreme Court has decided an important federal question in a way that conflicts with the established Fourth Amendment precedent of this Court by holding that an alert by a well-trained narcotics detection dog certified to detect illegal contraband is insufficient to establish probable cause for the search of a vehicle?

Docket

Florida supreme court decision (71 So.3d 756)

Scotusblog page

The Dog Whisperer might want to get its own Supreme Court correspondent.

Question Presented: 

Whether a habeas petitioner’s claim has been “adjudicated on the merits” for purposes of 28 U.S.C. § 2254(d) where the state court denied relief in an explained decision but did not expressly acknowledge a federal-law basis for the claim.

Scotusblog page

The Court expressly limited the grant to the procedural issue recited above, even though the 9th granted habeas relief relating to dismissal of a juror mid-deliberations.

Question Presented: 

Whether a dog sniff at the front door of a suspected grow house by a trained narcotics detection dog is a Fourth Amendment search requiring probable cause?

Scotusblog Page

Florida supreme court decision, State v. Jardines (4/14/11)

Coverage by Lyle Denniston, Orin Kerr (“fun stuff for Fourth Amendment nerds”), Kent Scheidegger (“This is solid police work”),