On Point blog, page 7 of 16

Hurst v. Florida, USSC No. 14-7505, cert. granted 3/9/15

Question presented:

Whether Florida’s death sentencing scheme violates the Sixth Amendment or the Eighth Amendment in light of this Court’s decision in Ring v. Arizona, 536 U.S. 584 (2002).

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Ocasio v. United States, USSC No. 14-361, cert. granted 3/2/15

Question presented:

Does a conspiracy to commit extortion in violation of the Hobbs Act, 18 U.S.C. § 1951(b)(2), require that the conspirators agree to obtain property from someone outside the conspiracy?

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Stephen McFadden v. United States, USSC No. 14-378, cert. granted 1/16/15

Question presented:

Whether, to convict a defendant of distribution of a controlled substance analogue, the government must prove the defendant knew that the substance constituted a controlled substance analog, as held by the Second, Seventh, and Eighth Circuits, but rejected by the Fourth and Fifth Circuits.

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George Toca v. Louisiana, USSC No. 14-6381, cert. granted 12/12/14

Questions presented:

1) Does the rule announced in Miller v. Alabama, 567 U. S. ____, 132 S.Ct. 2455 (2012), apply retroactively to this case?

2) Is a federal question raised by a claim that a state collateral review court erroneously failed to find that a new constitutional rule fits within an exception to Teague v. Lane, 489 U.S. 288 (1989), which held that new constitutional rules are generally not applied retroactively to cases on collateral review?

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Kevan Brumfield v. Burl Cain, Warden, USSC No. 13-1433, cert. granted 12/5/14

Questions presented:

I.   Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. Virginia, 536 U.S. 304 (2002), has based its decision on an unreasonable determination of facts under 28 U.S.C. § 2254(d)(2).

II.   Whether a state court that denies funding to an indigent petitioner who has no other means of obtaining evidence of his mental retardation has denied petitioner his “opportunity to be heard,”

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City and County of San Francisco v. Teresa Sheehan, USSC No. 13-1412, cert. granted 11/25/14

Questions presented:

1.  Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody.

2.  Whether it was clearly established that, even where an exception to the warrant requirement applied, an entry into a residence could be unreasonable under the Fourth Amendment by reason of the anticipated resistance of an armed and violent suspect within.

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City of Los Angeles v. Patel, USSC No. 13-1175, cert. granted 10/20/14

Questions presented:

(1) Whether facial challenges to ordinances and statutes are permitted under the Fourth Amendment; and

(2) Whether a hotel has an expectation of privacy under the Fourth Amendment in a hotel guest registry where the guest-supplied information is mandated by law and an ordinance authorizes the police to inspect the registry, and if so, whether the ordinance is facially unconstitutional under the Fourth Amendment unless it expressly provides for pre-compliance judicial review before the police can inspect the registry.

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Kevin Chappell, Warden, v. Hector Ayala, USSC No. 13-1428, cert. granted 10/20/14

Questions presented:

(1) Whether a state court’s rejection of a claim of federal constitutional error on the ground that any error, if one occurred, was harmless beyond a reasonable doubt is an “adjudicat[ion] on the merits” within the meaning of 28 U.S.C. § 2254(d), so that a federal court may set aside the resulting final state conviction only if the defendant can satisfy the restrictive standards imposed by that provision; and

(2) Whether the court of appeals properly applied the standard articulated in Brecht v. Abrahamson, 507 U.S. 619 (1993).

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Tony Henderson v. United States, USSC No. 13-1487, cert. granted 10/20/14

Question presented:

Does a felony conviction extinguish all of a defendant’s property interests in a firearm, such that he or she may not even arrange for the sale or other transfer of any surrendered or seized firearms to another person because doing so would constitute “constructive” possession and thus violate 18 U.S.C. § 922(g)’s ban on possession of a firearm?

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Ohio v. Darius Clark, USSC No. 13-1352, cert. granted 10/2/14

Questions presented:

1. Does an individual’s obligation to report suspected child abuse make that individual an agent of law enforcement for purposes of the Confrontation Clause?

2. Do a child’s out-of-court statements to a teacher in response to the teacher’s concerns about potential child abuse qualify as “testimonial” statements subject to the Confrontation Clause?

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