CrimProf Blog

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

Saturday, February 27, 2010

Next week's criminal law and procedure arguments

Description of issues from ScotusWiki, which also provides links to briefs and opinions below:


  • Berghuis v. Thompkins: Whether the Sixth Circuit expanded the Miranda rule to prevent an officer from attempting to non-coercively persuade a defendant to cooperate where the officer informed the defendant of his rights, the defendant acknowledged that he understood them, and the defendant did not invoke them but did not waive them.
  • Holland v. Florida: Whether the Eleventh Circuit erred in denying equitable tolling to the defendant to excuse his late filing of his habeas petition, based on the conclusion that the late filing was due to “gross negligence” of counsel, while factors beyond “gross negligence” are required for equitable tolling; whether equitable tolling is available to toll the statute of limitation under the AEDPA.
  • Skilling v. United States: Whether the federal “honest services” fraud statute, 18 U.S.C. § 1346, requires the government to prove that the defendant’s conduct was intended to achieve “private gain” rather than to advance the employer’s interests, and, if not, whether § 1346 is unconstitutionally vague. Whether the government must rebut the presumption of jury prejudice, which arose because of pretrial publicity and community impact of the alleged conduct, and, if so, whether the government must prove beyond a reasonable doubt that no juror was actually prejudiced.


  • McDonald v. City of Chicago: Whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.

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Very interesting discussions can be taken from the McDonald v. City of Chicago case. Some similarities between this case and cases in Canada.

Posted by: Toronto Criminal Lawyer | Feb 28, 2010 10:02:26 AM

I appreciate the information you've provided here.

Posted by: Toronto Criminal Lawyer | Jul 6, 2011 7:10:19 AM

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