US Supreme Court grants cert. in 10 cases
Via Scotusblog, the United States Supreme Court granted certiorari in 10 cases this morning. Several concern criminal law issues:
Kansas v. Ventris - Whether prosecutors may use a defendant's statement - made in the absence of a knowing and voluntary waiver of the right to counsel - to impeach a witness, as opposed to during its case-in-chief.
Montejo v. Louisiana - Whether an indigent defendant must affirmatively accept the appointment of counsel to preclude future police interrogation in the absence the attorney.
Puckett v. United States - Whether forfeited claims that the government breach a plea agreement are subject to "plain error" review.
Rivera v. Illinois - whether a conviction can stand if defense counsel sought to exclude a juror by making a peremptory challenge, but the juror was seated anyway (reverse-Batson).
Boyle v. United States - concerning the proof required to show an enterprise under the RICO anti-racketeering law.
Corley v. United States - whether a voluntary confession made after a suspect's arrest on federal charges, but before he appears before a magistrate, must be suppressed when there was a delay before that appearance.
Vermont v. Brillon - (1) Whether continuances and delays caused solely by an indigent defendant's public defender can arise to a speedy trial right violation, and be charged against the State pursuant to the test in Barker v. Wingo on the theory that public defenders are paid by the state; and (2) Whether the right to counsel, as established by Gideon v. Wainwright should result in broader speedy trial rights to indigent defendants than defendants who are able to retain private counsel, such that only delays by private counsel, such that only delays by private counsel get charged against the defendant under the Barker v. Wingo test.
These are the civil cert. grants:
Hawaii v. Office of Hawaiian Affairs - Whether a 1993 congressional resolution requires Hawaii to reach a political settlement with native Hawaiians before transferring some 1.2 million acres of state land.
United States v. Navajo Nation - Whether the Court's prior decision in United States v. Navajo Nation (2003) foreclosed a finding that the government breached fiduciary duties in connection with Indian coal lease amendments.
Burlington Northern and Santa Fe Railway Co. United States; Shell Oil Co. v. United States - Whether the petitioners were incorrectly held jointly and severally liable for environmental cleanup costs under CERCLA
Scotusblog provides links to the lower court opinions, petitions for certiorari and other briefs.