CrimProf Blog

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

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Saturday, March 17, 2012

Next week's criminal law/procedure arguments

Issue summaries from ScotusBlog, which also links to papers:

Monday

  • Southern Union Company v. U.S.: Whether the Fifth and Sixth Amendment principles that this Court established in Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny, apply to the imposition of criminal fines.

Tuesday

  • Miller v. Alabama: Whether imposing a sentence of life without possibility of parole on an offender who was fourteen at the time he committed capital murder constitutes cruel and unusual punishment in violation of the Eighth Amendment.
  • Jackson v. Hobbs: Whether imposing a sentence of life without possibility of parole on an offender who was fourteen at the time he committed capital murder constitutes cruel and unusual punishment in violation of the Eighth Amendment.

Wednesday

  • Reichle v. Howards: (1) Whether the existence of probable cause to make an arrest bars a First Amendment retaliatory arrest claim; and (2) whether the court below erred by denying qualified and absolute immunity to petitioners where probable cause existed for respondent's arrest, the arrest comported with the Fourth Amendment, and the denial of immunity threatens to interfere with the split-second, life-or-death decisions of Secret Service agents protecting the President and Vice President.
  • Vasquez v. U.S.: Whether the Seventh Circuit violated this Court's precedent on harmless error when it focused its harmless error analysis solely on the weight of the untainted evidence without considering the potential effect of the error (the erroneous admission of trial counsel's statements that his client would lose the case and should plead guilty for their truth) on this jury; and (2) whether the Seventh Circuit violated Mr. Vasquez's Sixth Amendment right to a jury trial by determining that Mr. Vasquez should have been convicted without considering the effects of the district court's error on the jury that heard the case.

http://lawprofessors.typepad.com/crimprof_blog/2012/03/next-weeks-criminal-lawprocedure-arguments.html

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