On Point: A. Cert Grants

McKinney v. Arizona, USSC No. 18-1109, certiorari granted 6/10/19; affirmed 2/25/20

Questions presented:

1. Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted

2. Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing.

Kansas v. Glover, USSC No. 18-556, certiorari granted 4/1/19

Question presented:

Whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary.

Randall Mathena, Warden v. Lee Boyd Malvo, USSC No. 18-217, certiorari granted 3/18/19

Question presented:

Montgomery v. Alabama, 136 S. Ct. 718 (2016)), held that the new constitutional rule announced in Miller v. Alabama, 567 U.S. 460 (2012), applies retroactively to cases on collateral review. Did the the Fourth Circuit Court of Appeals err in concluding that Montgomery could be interpreted as modifying and substantively expanding the Miller rule itself, when the issue presented in Montgomery was only the retroactivity of that rule?

Kansas v. Garcia, USSC No. 17-834, certiorari granted 3/18/19

Questions presented:

1. Whether the Immigration Reform and Control Act (IRCA) expressly preempts the States from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications

2. Whether IRCA impliedly preempts Kansas’s prosecution of respondents.

Kahler v. Kansas, USSC No. 18-6135, certiorari granted 3/18/19

Question presented:

Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense?

Evangelisto Ramos v. Louisiana, USSC No. 18-5924, certiorari granted 3/18/19, Reversed 4/20/20

Question presented:

Whether the Fourteenth Amendment fully incorporates the Sixth Amendment
guarantee of a unanimous verdict?

Gerald Mitchell v. Wisconsin, USSC No. 18-6210, certiorari granted 1/11/19

Question presented:

Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.

Terance Martez Gamble v. United States, USSC No. 17-646, certiorari granted 6/28/18

Question presented:

Whether the Court should overrule the “separate sovereigns” exception to the Double Jeopardy Clause.

Tyson Timbs v. Indiana, USSC 17-1091, certiorari granted 6/18/18

Question presented:

Whether the Eighth Amendment’s Excessive Fines Clause is incorporated against the States under the Fourteenth Amendment.

Gilberto Garza, Jr. v. Idaho, USSC No. 17-1026, certiorari granted 6/18/18

Question presented:

Does the “presumption of prejudice” recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial counsel to file a notice of appeal but trial counsel decides not to do so because the defendant’s plea agreement included an appeal waiver?