Fourth Amendment: Unreasonable Searches & Seizures
Torres v Madrid. Is shooting someone, but not stopping them, a seizure?
Caniglia v Strom For entry into a home, is there a “community caretaking” exception to the warrant requirement?
Lange v California For entry into a home, is hot pursuit to arrest for a misdemeanor an exception to the warrant requirement?
United States v Cooley Does a tribal police officer have authority to detain temporarily and to search non-Indians traveling on public rights-of-way running through a reservation for potential violations of state or federal law?
Eighth Amendment: Cruel & Unusual Punishment
Taylor v Riojas Was it clearly established that prisoners could not be housed for six days in cells teeming with human waste, so that defendants were not entitled to qualified immunity ?
Jones v Mississippi Is a specific finding of permanent incorrigibility required to sentence a person under 18 to life without the possibility of parole?
42 USC Section 2000cc-1: Protection of Religious Exercise of Institutionalized Persons
Dunn v Smith Is there a right to the presence of a spiritual adviser during an execution?
28 USC Section 2254: Habeas Corpus - Persons in State Custody Remedies in Federal Courts
Alaska v Wright Is a person “in custody pursuant to the judgment of a State court” if he is imprisoned for a Federal crime and the predicate for that crime was a state conviction?
Edwards v Vannoy Does the unanimous jury requirement announced in Ramos v Louisiana apply to convictions that were final on direct appeal before that decision? Or: Should “watershed” rules of constitutional criminal procedure ever apply retroactively on Federal Habeas Corpus?
Shinn v Kayer, Mays v Hines & Dunn v Reeves Did the state court ruling rejecting an incompetent counsel claim, result in a “decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States” ?
8 USC Section 1326(d): Limitation on Collateral Attack on Deportation Order
United States v. Palomar-Santiago Was defendant excused from two of the prerequisites for collateral attack on a removal order, where his conviction was not a proper basis for removal?
Federal Criminal Offenses
Van Buren v United States Does it violate the Computer Fraud and Abuse Act to obtain from a computer for an improper purpose, information lawfully available to defendant ?
Borden v U.S. Can an offense that requires only recklessness count as a “violent felony” in the “use of force” clause of the Armed Career Criminal Act ?
U.S. v Briggs In the Uniform Code of Military Justice statute of limitations, does “offense punishable by death” mean death that is constitutionally permissible or death that is authorized by statute?
Terry v U.S. Under the First Step Act retroactivity provision, is a crack offender eligible for a sentence reduction for a crack offense conviction that did not trigger a mandatory minimum?
FRCP Rule 52: Harmless and Plain Error
Greer v. United States Was it plain error to not instruct Greer’s jury that knowledge of a felony conviction is a required element of possession of a firearm by a felon or to not advise Gary of that requirement before his guilty plea?
Runtime: 2 hours
Recorded: December 15th, 2021
In this program, Professor Alan Saltzman dives deep into a wide range of cases involving Criminal Law issues decided by the U.S. Supreme Court between November 2nd, 2020 through June 21st, 2021.
This program was recorded by Professor Saltzman remotely on December 15th, 2021.
.
