January 11, 2005
Supreme Court Granted Cert. Last Week in Six Criminal Cases
BNA summarizes all 6 cases here. The short BNA summaries are as follows:
1. Arthur Andersen LLP v. United States, No. 04-368 -- Must Arthur Andersen's conviction for witness tampering under 18 U.S.C. 1512(b) be reversed because the jury instructions misinterpreted the "corrupt persuasion" and "official proceeding" elements of the offense?
2. Halbert v. Michigan, No. 03-10198 -- Does Michigan deny due process by not appointing counsel for indigent defendants who seek to appeal convictions obtained by guilty plea?
3. Mitchell v. Stumpf, No. 04-637 -- Did a habeas corpus petitioner knowingly and voluntarily plead guilty to aggravated murder, and does due process require that his conviction be vacated when the state subsequently secures the conviction of an accomplice on the theory that the accomplice was the triggerman?
4. Bell v. Thompson, No. 04-514 -- Did the Sixth Circuit err when, in light of new evidence, it withdrew its opinion affirming the denial of habeas corpus relief to a death row inmate six months after Fed.R.App.P. 41(d)(2)(D) made the issuance of the mandate mandatory?
5. Mayle v. Felix, No. 04-563 -- When a federal habeas corpus petitioner challenging a state judgment amends his petition to include a new claim, does the amendment relate back to the date of the filing of his petition for purposes of the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations?
6. Johnson v. California, No.04-6964 -- Must an objector seeking to establish a prima facie case of group bias in the use of peremptory challenges to remove potential jurors show that it is more likely than not that the other party's peremptory challenges, if unexplained, were based on impermissible group bias?
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