CrimProf Blog

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

Saturday, January 12, 2019

Yesterday's criminal law/procedure cert grants

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

  • Rehaif v. United States: Whether the “knowingly” provision of 18 U.S.C. § 924(a)(2) applies to both the possession and status elements of a § 922(g) crime, or whether it applies only to the possession element.
  • Mitchell v. WisconsinWhether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.
  • McDonough v. SmithWhether the statute of limitations for a Section 1983 claim based on fabrication of evidence in criminal proceedings begins to run when those proceedings terminate in the defendant’s favor, as the majority of circuits have held, or whether it begins to run when the defendant becomes aware of the tainted evidence and its improper use, as the U.S. Court of Appeals for the 2nd Circuit held below.
  • Quarles v. United StatesWhether Taylor v. United States’ definition of generic burglary requires proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, as two circuits hold; or whether it is enough that the defendant formed the intent to commit a crime at any time while “remaining in” the building or structure, as the court below and three other circuits hold.

https://lawprofessors.typepad.com/crimprof_blog/2019/01/yesterdays-criminal-lawprocedure-cert-grants.html

| Permalink

Comments

Post a comment