CrimProf Blog

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

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Monday, June 25, 2012

Today's criminal law/procedure cert grant

Issue summary is from ScotusBlog, which links to papers:

  • Henderson v. United States: (1) Whether a prior state disposition resulting in a one-year suspended sentence, which is not appealable or considered a ‘conviction’ under state law, is a ‘prior conviction’ that has ‘become final’ for purposes of the penalty enhancement provision of 21 U.S.C. § 851; and (2) whether the Due Process Clause requires the court to apply the rule of lenity in choosing between conflicting precedents with regard to the interpretation of a sentencing statute when the issue has never been decided by the en banc court of appeals and neither decision has been overruled.

http://lawprofessors.typepad.com/crimprof_blog/2012/06/todays-1.html

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