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Grants of Certiorari

FOURTH AMENDMENT

Does the Fourth Amendment allow states to collect and analyze DNA from people arrested and charged with serious crimes? See “Justices to decide if states can take defendants’ DNA.” Maryland v. King, No. 12-207. Certiorari granted:  Nov. 9, 2012. Ruling ...

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VOTING RIGHTS ACT

Did Congress’ reauthorization of Section 5 of the Voting Rights Act exceed its authority and violate the Tenth and Fifteenth Amendments? Shelby County v. Holder, No. 12-96.Certiorari granted:  Nov. 9, 2012. Ruling below: 679 F.3d 848. (D.C.  Cir. 2012).

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SENTENCING

Can a court use the U.S. Sentencing Guidelines in effect at the time of sentencing rather than the guidelines in effect at the time of an offense, if the newer guidelines create a significant risk that the defendant will receive ...

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INEFFECTIVE ASSISTANCE OF COUNSEL

Does a state court procedural default prevent a federal habeas court from hearing a post-conviction ineffective assistance claim? See “Justices to consider limit of ineffective assistance ruling.” Trevino v. Thaler, No. 11-10189.Certiorari granted:  Oct. 29, 2012. Ruling below: 678 F.Supp.2d ...

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TAXATION

In determining the creditability of a foreign tax, should courts employ an approach that looks solely at the form of the foreign tax statute or an approach that considers the practical effect of the foreign tax? PPL Corp. and Subsidiaries ...

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BANKRUPTCY

Does a judgment against a debtor for breaching the terms of a trust constitute “defalcation” under the Bankruptcy Code and therefore disqualify that debt from a bankruptcy discharge? See “Justices take up bankruptcy misconduct case.” Bullock v. BankChampaign, No. 11-1518 ...

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HABEAS CORPUS

Does the Antiterrorism and Effective Death Penalty Act provide an actual-innocence exception to the requirement that a petitioner must show an extraordinary circumstance that “prevented timely filing” of a habeas petition? McQuiggin v. Perkins, No. 11-1085.Certiorari granted:  Oct., 29, 2012. ...

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ELECTIONS LAW

Does the National Voter Registration Act preempt an Arizona law that requests persons who are registering to vote to show evidence that they are U.S. citizens? Arizona v. The Inter Tribal Council of Arizona, Inc., No. 12-71.Certiorari granted:  Oct. 15, ...

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SENTENCING

Should existing U.S. Supreme Court precedent be overruled to require a jury to decide facts which increase a mandatory minimum sentence? See “Should jury decide facts increasing minimum sentence?” Alleyne v. U.S., No. 11-9335. Certiorari granted:  Oct. 5, 2012. Ruling ...

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RIGHT TO SPEEDY TRIAL

Should a state’s failure to pay for counsel for an indigent defendant in a capital murder case should be weighed against the state in making a speedy trial analysis? See “Justices to decide speedy trial case.” Boyer v. Louisiana, No. ...

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