Download Tag: Criminal Procedure

49-08 United States v. George P. Thomas

49-08 United States v. George P. Thomas3 DownloadsYear: 2025 (Vol. 49) Topic(s): Criminal Procedure Question(s) presented: Whether messages sent to an artificial intelligence (AI) chatbot are entitled to Fourth Amendment protection against “unreasonable government searches” and, as a result, require law enforcement to procure a warrant supported by probable cause to compel their production. Format: Read more about 49-08 United States v. George P. Thomas[…]

46-04 US v. Lewis

46-04 US v. Lewis84 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. Smith

46-03 US v. Smith56 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[…]

02 – Dougie McFay v. United States

02 – Dougie McFay v. United States45 DownloadsYear: 2021 (Vol. 45) Topics: Criminal Procedure Question(s) presented: Whether attempted Hobbs Act robbery is considered a “crime of violence” under 18 U.S.C. § 924(c)(1)(A). Format: Word and PDF Prepared by: Chris Gallucci  Download Link for Chrome (open in new tab): https://www.nyumootcourt.org/wp-content/uploads/2021/11/Vol-45-Dougie-McFay-v-United-States-8942.zip Preemption Notice! The Supreme Court has Read more about 02 – Dougie McFay v. United States[…]

Andrew Marks v. United States

Andrew Marks v. United States155 DownloadsYear: 2019 (Vol. 43) Topics: Criminal Procedure Question(s) presented: Whether a criminal defendant’s Sixth Amendment rights to confrontation and compulsory process or Fourteenth Amendment right to due process can overcome a witness’ federal psychotherapist-patient privilege. Format: Word and PDF Prepared by: Marlena Santos      

John J. Schmidt v. United States

John J. Schmidt v. United States238 DownloadsYear: 2019 (Vol. 43) Topics: Criminal Procedure Question(s) presented: Does testing a key on an apartment door to ascertain a person’s residence constitute a Fourth Amendment search requiring probable cause and a warrant? Format: Word and PDF Prepared by: Eric Brannock      

State of Moot v. Xander Crews

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[…]

Charlie Utter v. State of South Lakota

Charlie Utter v. State of South Lakota269 DownloadsYear: 2016 (Vol. 40) Topics: First Amendment, Criminal Procedure Question(s) presented: (1) Whether an ordinance prohibiting verbal solicitations for immediate donations of things of value within a specific geographic area violates the First Amendment right to free speech. (2) Whether an individual has a reasonable expectation of privacy in personal Read more about Charlie Utter v. State of South Lakota[…]

United States v. Nougaburger

United States v. Nougaburger82 DownloadsYear: 2015 (Vol. 39). Topics: Criminal Procedure; Fourth Amendment Question(s) presented: In the First Circuit, does the community caretaker exception to the Fourth Amendment justify officer’ entry and search of a private home without a warrant? Posture: Rehearing en banc before the US Court of Appeals for the First Circuit. Format: Word and Read more about United States v. Nougaburger[…]

Brooks v. Smith

Brooks v. Smith266 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; Fourth Amendment Question presented: Whether the Fourth Amendment limits a police officer’s authority to arrest for a misdemeanor crime that did not occur in the officer’s presence. Format: Word and PDF Prepared by: Brooke Jarrett  

Smith v. United States

Smith v. United States142 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; Fourth Amendment Questions presented: Does a non-trespassory collection of information related to an individual’s position qualify as a “search” under the Fourth Amendment? If such activities do qualify as a “search,” does the warrantless collection of such information require that the evidence collected be repressed? Read more about Smith v. United States[…]

Microsponge v. United States

Microsponge v. United States109 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; International Law Question presented: Whether 18 U.S.C. § 2703(a) permits a United States District Court to issue a search warrant for electronic files stored by American Internet service providers on servers located in a foreign country. Format: Word and PDF Prepared by: Michael Lombardi Preemption Notice! In March Read more about Microsponge v. United States[…]

Fallsbauer v. United States

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[…]

United States v. Tilden

United States v. Tilden41 DownloadsYear: 2014 (Vol. 38). Topic: Criminal Procedure Question: Whether, under Brady v. Maryland, 373 U.S. 83 (1963), a defendant is entitled to exculpatory evidence during negotiations over a plea bargain. Format: PDF.