Tuesday, October 12, 2010
Today's crim law/procedure cert grants
Issue summaries from ScotusBlog, which also links to cert papers and opinions below:
- Bond v. United States: Whether a criminal defendant convicted under a federal statute has standing to challenge her conviction on grounds that, as applied to her, the statute is beyond the federal government’s enumerated powers and inconsistent with the Tenth Amendment.
- Camreta v. Greene: (1) Whether the traditional warrant/warrant exception requirements that apply to seizures of suspected criminals should apply to an interview of the child in light of reports of child abuse, or whether instead a balancing standard should apply; and (2) whether the Ninth Circuit’s constitutional ruling is reviewable, notwithstanding that it ruled in the petitioner’s favor on qualified immunity grounds.
- Alford v. Greene: [consolidated with previous case] Whether the Fourth Amendment requires a warrant, a court order, parental consent, or exigent circumstances before law enforcement and child welfare officials may conduct a temporary seizure and interview at a public school of a child whom they reasonably suspect was being sexually abused.
- DePierre v. United States: Whether the term “cocaine base” encompasses every form of cocaine that is classified chemically as a base, or whether the term “cocaine base” is limited to “crack” cocaine.
http://lawprofessors.typepad.com/crimprof_blog/2010/10/todays-crim-lawprocedure-cert-grants.html