CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, June 13, 2011

Today's criminal law/procedure cert grants

Issue summaries are from ScotusBlog, which also links to papers and opinions below:

  • Gonzalez v. Thaler: limited to two questions: (a) Whether there was jurisdiction to issue a certificate of appealability under 28 U.S.C. § 2253(c) and to adjudicate petitioner’s appeal; and (b) whether the application for a writ of habeas corpus was out of time under 28 U.S.C. § 2244(d)(1) due to “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.
  • Setser v. United States: whether district court has authority to order a federal sentence be served consecutive to an as-yet-unimposed state sentence.
  • Smith v. Louisiana: 1) Whether there is a reasonable probability that the outcome of Smith’s trial would have been different but for Brady and Giglio/Napue errors; 2) whether the state courts violated the Due Process Clause by rejecting Smith’s Brady and Giglio/Napue claims.

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