Is the Supreme Court’s ruling in Padilla v. Kentucky, which requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, retroactive? See “Justices to decide whether ‘Padilla’ duty is retroactive” Chaidez v. U.S., ...Read More »
Does an alien’s state-law conviction for possessing marijuana with intent to distribute constitute an “aggravated felony” justifying deportation, even though the record of conviction does not show that the underlying conduct would constitute a felony under federal law? See “Justices ...
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Must government actions that impose recurring flood invasions continue permanently to “take” property within the meaning of the Takings Clause? Arkansas Game & Fish Commission v. U.S., No. 11-597.Certiorari granted: April 2, 2011. Ruling below: 87 Fed. Cl. 594 (Fed. ...Read More »
Is probable cause for a motor vehicle search established by an alert from a well-trained narcotics detection dog certified to detect illegal contraband? See “Justices to decide if dog sniff justified vehicle search” Florida v. Harris, No. 11-817. Certiorari granted: ...
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May a federal court equitably toll habeas proceedings under the Antiterrorism and Effective Death Penalty Act prospectively until the capital defendant is deemed competent to proceed? U.S. Supreme Court. Tibbals v. Carter, No. 11-218. Certiorari granted: March 19, 2012. Ruling ...
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Does the University of Texas’ admissions policy that considers race as one of many factors in admitting students to the state college violate the Equal Protection Clause? See “Supreme Court to revisit diversity in admissions college admissions” U.S. Supreme Court. ...Read More »
Does a moored floating structure not intended to be used in maritime transportation or commerce constitute a “vessel” under federal law, triggering federal maritime jurisdiction? Lozman v. City of Riviera Beach, No. 11-626. Certiorari granted Feb. 21, 2012. Ruling below: ...Read More »