CrimProf Blog

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

Monday, October 31, 2016

Recent criminal law/procedure cert grants

From Friday, issue summaries from ScotusBlog, which also links to papers:

  • Packingham v. North CarolinaWhether, under the court’s First Amendment precedents, a law that makes it a felony for any person on the state's registry of former sex offenders to “access” a wide array of websites – including Facebook, YouTube, and nytimes.com – that enable communication, expression, and the exchange of information among their users, if the site is “know[n]” to allow minors to have accounts, is permissible, both on its face and as applied to petitioner, who was convicted based on a Facebook post in which he celebrated dismissal of a traffic ticket, declaring “God is Good!”
  • Esquivel-Quintana v. LynchWhether a conviction under one of the seven state statutes criminalizing consensual sexual intercourse between a 21-year-old and someone almost 18 constitutes an “aggravated felony” of “sexual abuse of a minor” under 8 U.S.C. § 1101(a)(43)(A) of the Immigration and Nationality Act – and therefore constitutes grounds for mandatory removal.
  • Dean v. United StatesWhether the Supreme Court's decision in Pepper v. United States overruled United States v. Hatcherand related opinions from the U.S. Court of Appeals for the 8th Circuit to the extent that those opinions limit the district court's discretion to consider the mandatory consecutive sentence under 18 U.S.C. § 924(c) in determining the appropriate sentence for the felony serving as the basis for the Section 924(c) conviction.

https://lawprofessors.typepad.com/crimprof_blog/2016/10/recent-criminal-lawprocedure-cert-grants.html

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