46-04 US v. Lewis73 DownloadsYear: 2022 (Vol. 46) Topic(s): Criminal Law Question presented: Whether lying to a judicial officer about financial assets in order to appear indigent and obtain free counsel qualifies as “obstruction” under U.S. Sentencing Guidelines Manual Section 3C1.1 (U.S. Sent’g Comm’n 2021). Format: Word and PDF Prepared by: Brendan Ferguson
46-03 US v. Smith55 DownloadsYear: 2022 (Vol. 46) Topic(s): Administrative Law, Administrative Procedures Act, Constitutional Law, Sentencing Guidelines, Criminal Law Question(s) presented: (1) Whether courts must make a threshold determination of genuine ambiguity before deferring to the Sentencing Guidelines commentary. (2) Whether the U.S. Sentencing Commission’s commentary to Section 4B1.2 of the U.S. Sentencing Guidelines Read more about 46-03 US v. Smith[…]
46-07 Young v. US96 DownloadsYear: 2022 (Vol. 46) Topic(s): Civil Rights, Prison Litigation Question(s) presented: (1) Whether the prison mailbox rule applies to claims brought under the Federal Tort Claims Act (the “FTCA”). (2) Whether a filing by a represented incarcerated litigant is governed by the prison mailbox rule. Format: Word and PDF Prepared by: Read more about 46-07 Young v. US[…]
Mervin Mistletoe v. United States147 DownloadsYear: 2019 (Vol. 43) Topics: Criminal Law Question(s) presented: (1) Whether to be a fugitive from justice, under 18 U.S.C. § 922(g)(2), a defendant has to have intent to avoid prosecution (or at least knowledge they were a “fugitive”), or merely know that charges were pending against them. (2) Whether Read more about Mervin Mistletoe v. United States[…]
Marsbar Jellybean v. United States61 DownloadsYear: 2019 (Vol. 43) Topics: Criminal Law Question(s) presented: Whether a sentencing judge, in a post-revocation sentencing hearing, may consider rehabilitation as a secondary consideration. Format: Word and PDF Prepared by: Charlotte Allyn
Eddie Edmunds v. United States225 DownloadsYear: 2017 (Vol. 41) Topics: Constitutional Law, Criminal Law and Administration Questions presented: (1) Whether the reasonable belief that police need in order to enter a dwelling to execute an arrest warrant without a search warrant is equal to probable cause or requires less than probable cause; (2) Whether there Read more about Eddie Edmunds v. United States[…]
Emily Hanley v. United States126 DownloadsYear: 2017 (Vol. 41) Topics: Criminal Law Question presented: Whether the term simple assault, as used in 18 U.S.C. § 111(a)(1), is limited to its common law meaning or was intended by Congress to be a term of art with a broader meaning. Format: Word and PDF Prepared by: Megan Read more about Emily Hanley v. United States[…]
In re L.W., a minor (The Commissioner of the Department of Children and Families for the State of Rivington v. L.W, a minor)65 DownloadsYear: 2017 (Vol. 41) Topics: Criminal Law and Administration, Family Law, Health and Benefits Law Question presented: Whether the State of Rivington should adopt a mature minor exception to the common law Read more about In re L.W., a minor (The Commissioner of the Department of Children and Families for the State of Rivington v. L.W, a minor)[…]
State of Moot v. Xander Crews74 DownloadsYear: 2017 (Vol. 41) Topics: Criminal Law and & Administration; Sixth Amendment Questions presented: (1) Whether non-convicted plaintiffs have standing to bring civil suit in federal court alleging deprivation of the Sixth Amendment right to counsel while they are still undergoing criminal adjudications in which they are defendants; (2) Read more about State of Moot v. Xander Crews[…]
Fallsbauer v. United States180 DownloadsYear: 2015 (Vol. 39) Topics: Fourth Amendment; Criminal Law Questions Presented: 1. Whether ambiguity with respect to a person’s apparent authority to consent to a search of an item or area makes such a search unreasonable under the Fourth Amendment. 2. Whether there sufficient evidence in this case for a finding of Read more about Fallsbauer v. United States[…]
Price v. United States79 DownloadsYear: 2012 (Vol. 36). Topic: Constitutional Law; Criminal Law; Fifth Amendment. Question: Whether attempting to persuade another person to withhold testimony from an official proceeding by exercising his or her Fifth Amendment right can violate 18 U.S.C. § 1512(b), even if such persuasion is not coercive or otherwise done by wrongful means. Format: Word.
State v. Fogg34 DownloadsYear: 2011 (Vol. 35). Topic: Constitutional Law; Criminal Law; First Amendment; Fourteenth Amendment. Question: Whether a statute that bans the promotion and wholesale promotion of obscene devices is constitutionally valid under the First and Fourteenth Amendments. Format: PDF.
Potter v. United States43 DownloadsYear: 2010 (Vol. 34). Topic: Constitutional Law; Criminal Law; Fifth Amendment; Sixth Amendment; Juvenile Law. Question: Whether a criminal defendant’s right to a jury trial under the Sixth and Fifth Amendments is violated when a prior juvenile adjudication – not itself decided by a jury – is used by a judge to impose a Read more about Potter v. United States[…]