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State Habeas Case–Due Process Violations Based on the Suppression of Evidence / Whether There is an Adequate and Independent State-Law Ground for the Judgment

1. a. Whether the State’s suppression of the key prosecution witness’s admission he was under the care of a psychiatrist and failure to correct that witness’s false testimony about that care and related diagnosis violate the due process of law. See Brady v. Maryland, 373 U.S. 83 (1963); Napue v. Illinois, 360 U.S. 264 (1959). b. Whether the entirety of…

Case: Glossip v. State (Okla.Crim.App 2023) 529 P.3d 218, cert. granted 1/22/2024
Case Number: 22-7466
Updated: January 22, 2024
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Does Enforcement of Generally Applicable Laws Regulating Camping on Public Property Constitute Cruel and Unusual Punishment?

In Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019), the Ninth Circuit held that the Cruel and Unusual Punishments Clause prevents cities from enforcing criminal restrictions on public camping unless the person has “access to adequate temporary shelter.” Id. at 617 & n.8. In this case, the Ninth Circuit extended Martin to a classwide injunction prohibiting the…

Case: Johnson v. City of Grants Pass (9th Cir. 2023) 72 F.4th 868, cert. granted 1/12/2024
Case Number: 23-175
Updated: January 12, 2024
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Fourth Amendment Malicious Prosecution Claim: Charge-Specific Rule v. “Any-Crime” Rule

To make out a Fourth Amendment malicious prosecution claim under 42 U.S.C. § 1983, a plaintiff must show that legal process was instituted without probable cause. Thompson v. Clark, 142 S. Ct. 1332, 1338 (2022). Under the charge-specific rule, a malicious prosecution claim can proceed as to a baseless criminal charge, even if other charges brought alongside the baseless charge…

Case: Chiaverini v. City of Napoleon (6th Cir. Jan. 11, 2023, No. 21-3996 [nonpub. opn.]), cert. granted 12/13/2023
Case Number: 23-50
Updated: December 13, 2023
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Whether Jury Must Find Defendant’s Prior Convictions Were “Committed on Occasions Different from One Another”

Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1).

Case: United States v. Erlinger (7th Cir. 2023) 77 F.4th 617, cert. granted 11/20/2023
Case Number: 23-370
Updated: November 20, 2023
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Whether Prosecution Expert is Permitted to Convey Testimonial Statements of Nontestifying Forensic Analyst Under Certain Conditions

Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a) the testifying expert offers some independent opinion and the analyst’s statements are offered not for their truth but to explain the expert’s opinion, and…

Case: State v. Smith (Ariz.Ct.App. July 14, 2022, No. 1 CA-CR 21-0451) [nonpub. opn.], cert. granted 9/29/2023
Case Number: 22-899
Updated: September 29, 2023
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Whether Prohibiting Possession of Firearms by Persons Subject to Domestic-Violence Restraining Order Violates Second Amendment

Whether 18 U.S.C. 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face.

Case: U.S. v. Rahimi (5th Cir. 2023) 61 F.4th 44, cert. granted 6/30/2023
Case Number: 22-915
Updated: June 30, 2023
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Test to Determine Whether the Due Process Clause Requires a State or Local Government to Provide a Post Seizure Probable Cause Hearing Before Forfeiture Proceeding

In determining whether the Due Process Clause requires a state or local government to provide a post seizure probable cause hearing prior to a statutory judicial forfeiture proceeding and, if so, when such a hearing must take place, should district courts apply the “speedy trial” test employed in United States v. $8,850, 461 U.S. 555 (1983) and Barker v. Wingo,…

Case: Culley v. Attorney General of Alabama (11th Cir. July 11, 2022, No. 21-13805), cert. granted 4/17/2023
Case Number: 22-585
Updated: April 17, 2023
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