Saturday, September 30, 2017

Next week's criminal law/procedure argument(s)

Issue summaries are from ScotusBlog, which also links to papers:

Monday

  • Sessions v. Dimaya: Whether 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act's provisions governing an alien's removal from the United States, is unconstitutionally vague.

Wednesday

  • District of Columbia v. Wesby:  (1) Whether police officers who found late-night partiers inside a vacant home belonging to someone else had probable cause to arrest the partiers for trespassing under the Fourth Amendment, and in particular whether, when the owner of a vacant home informs police that he has not authorized entry, an officer assessing probable cause to arrest those inside for trespassing may discredit the suspects' questionable claims of an innocent mental state; and (2) whether, even if there was no probable cause to arrest the apparent trespassers, the officers were entitled to qualified immunity because the law was not clearly established in this regard. Previous coverage here.
  • Class v. U.S.: Whether a guilty plea inherently waives a defendant's right to challenge the constitutionality of his statute of conviction.

 

https://lawprofessors.typepad.com/crimprof_blog/2017/09/next-weeks-criminal-lawprocedure-arguments.html

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