CrimProf Blog

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

Saturday, October 9, 2021

Next week's criminal law/procedure arguments

Issue summaries are from ScotusBlog, which links to papers:

Tuesday

  • Thompson v. Clark: Whether the rule that a plaintiff must await favorable termination before bringing a Section 1983 action alleging unreasonable seizure pursuant to legal process requires the plaintiff to show that the criminal proceeding against him has “formally ended in a manner not inconsistent with his innocence,” as the U.S. Court of Appeals for the 11th Circuit decided in Laskar v. Hurd, or that the proceeding “ended in a manner that affirmatively indicates his innocence,” as the U.S. Court of Appeals for the 2nd Circuit decided in Lanning v. City of Glens Falls.

Wednesday

  • U.S. v. Tsarnaev: (1) Whether the U.S. Court of Appeals for the 1st Circuit erred in concluding that Dzhokhar Tsarnaev’s capital sentences must be vacated on the ground that the district court, during its 21-day voir dire, did not ask each prospective juror for a specific accounting of the pretrial media coverage that he or she had read, heard or seen about Tsarnaev’s case; and (2) whether the district court committed reversible error at the penalty phase of Tsarnaev’s trial by excluding evidence that Tsarnaev’s older brother was allegedly involved in different crimes two years before the offenses for which Tsarnaev was convicted.

https://lawprofessors.typepad.com/crimprof_blog/2021/10/next-weeks-criminal-lawprocedure-arguments-1.html

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