CrimProf Blog

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

Saturday, October 6, 2012

Next week's criminal law/procedure arguments

Issue summaries are from ScotusBlog:

Tuesday, Oct. 9

  • Ryan v. Gonzales: Does 18 U.S.C. § 3599(a)(2) “which provides that an indigent capital state inmate pursuing federal habeas relief "shall be entitled to the appointment of one or more attorneys" entitle a death row inmate to stay the federal habeas proceedings he initiated if he is not competent to assist counsel?
  • Tibbals v. Carter: 1) Whether capital prisoners possess a “right to competence” in federal habeas proceedings under Rees v. Peyton; and 2) whether a federal district court can order an indefinite stay of a federal habeas proceeding under Rees.

Wednesday, Oct. 10

  • Moncrieffe v. Holder: Whether a conviction under a provision of state law that encompasses but is not limited to the distribution of a small amount of marijuana without remuneration constitutes an aggravated felony, notwithstanding that the record of conviction does not establish that the alien was convicted of conduct that would constitute a federal felony.

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