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SCOTUS Cert. Grants

The U. S. Supreme Court has released the orders list from the "long conference" yesterday. Here are the criminal cases accepted by the Court for review:

Virginia v. Moore, No. 06-1082, a search and seizure case. The Virginia Supreme Court opinion is here. The case summary from the state court's website reads:

In a drug prosecution, violation of the requirement under Code § 19.2-74 that police issue a summons to a person detained for a Class 1 misdemeanor and forthwith release him from custody upon his promise to appear at a specified time and place, rendered the fruits of a later search of the individual unconstitutional. The Fourth Amendment forbids expansion of the search incident to arrest doctrine to include a search incident to citation. The judgment of the Court of Appeals upholding his conviction is reversed and the charges are dismissed.

United States v. Rodriquez, No. 06-1646, is a federal sentencing case involving the "three strikes" provision of the Armed Career Criminal Act. The QP is "Whether a state drug-trafficking offense, for which state law authorized a ten-year sentence because the defendant was a recidivist, qualifies as a predicate offense under the Armed Career Criminal Act, 18 U.S.C. 924(e) (2000 & Supp. IV 2004)." Here are the certiorari petition and the Ninth Circuit opinion.

Begay v. United States, No. 06-11543, is another ACCA case, in which the Tenth Circuit held, "that (1) felony driving while intoxicated is a violent felony under the ACCA, and (2) a district court may impose a sentence outside the Guidelines range even if a sentence within the range would be reasonable."

Gonzalez v. United States, No. 06-11612, is a Fifth Circuit case considering "the conditions under which jury selection may be permissibly delegated to a magistrate judge. Homero Gonzalez was tried and convicted by jury. On appeal, he claims that the delegation of voir dire to a magistrate judge without his express personal assent was erroneous. [CA5] disagree[d] and affirm[ed]."

Baze v. Rees, No. 07-5439, is a Kentucky Supreme Court case regarding the constitutionality of lethal injection.

All of the cases today are on slightly condensed briefing schedules to get them briefed for the January argument session.




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