Willamette Law Online

United States Supreme Court

( 18 summaries )

Opinions Filed in October 2011

Cavazos v. Smith

Habeas Corpus: HABEAS CORPUS (Certiorari granted and the judgment of the Ninth Circuit Court of Appeals in Cavazos v. Smith is reversed)

(Filing Date: 10-31-2011)

Lafler v. Cooper

Post-Conviction Relief: Whether a defendant is entitled to federal habeas relief based on ineffective assistance of counsel when counsel provided objectively unreasonable advice that caused the defendant to reject a plea deal, and, if so, whether the appropriate remedy is a court order that the State either offer specific performance of the rejected deal or release the defendant from custody.

(Filing Date: 10-31-2011)

Missouri v. Frye

Post-Conviction Relief: Whether trial counsel’s failure to disclose an offer made during plea negotiations to his client amounts to ineffective assistance of counsel when the defendant later pled guilty and was sentenced to less favorable terms.

(Filing Date: 10-31-2011)

Elgin v. Department of the Treasury

Employment Law: Whether the Civil Service Reform Act (CSRA) prevents Federal District Courts from having jurisdiction over constitutional challenges to employment dismissals under the Military Selective Services Act (MSSA).

(Filing Date: 10-17-2011)

Kobel v. Dutch Petroleum

Corporations: (1) Whether the question of corporate civil tort liability under the Alien Tort Statute (“ATS”), 28 U.S.C. §1350, is a question of merits or one of subject matter jurisdiction; and (2) whether a corporation may be held liable for a tort committed in violation of the law of nations, such as torture or genocide, under the ATS like any other private party defendant or whether they are immune from such liability.

(Filing Date: 10-17-2011)

Florence v. Board of Chosen Freeholders of the County of Burlington

Criminal Procedure: (Whether the Fourth Amendment permits a jail to conduct a strip search of individual's arrested for civil contempt.)

(Filing Date: 10-12-2011)

Judulang v. Holder

Immigration: (Whether a lawful permanent resident convicted of an offense that renders him deportable and excludeable under different statutory subsections, but did not depart or reenter the United States after conviction, is categorically foreclosed from seeking discretionary relief under former Section § 212(c) of the Immigration and Nationalty Act)

(Filing Date: 10-12-2011)

CompuCredit Corp. v. Greenwood

Contract Law: (Whether the Credit Repair Organization Act, 15 U.S.C. § 1679 creates a non-waivable right that prevents the enforcement of an arbitration clause.)

(Filing Date: 10-11-2011)

Greene v. Fisher

Habeas Corpus: Whether a Supreme Court decision announced after a state intermediate court's decision, but before a state supreme court’s denial of discretionary review qualifies as “clearly established Federal law” under 28 U.S.C. § 2254(d).

(Filing Date: 10-11-2011)

Pacific Operators Offshore v. Valladolid

Tort Law: (Whether an offshore oil worker injured at an onshore processing site falls under the Outer Continental Shelf Lands Act and the Longshore and Harbor Workers’ Compensation Act.)

(Filing Date: 10-11-2011)

Golan v. Holder

First Amendment: Whether the Copyright Clause and the First Amendment prohibit Congress from removing works that were previously placed in the public domain.

(Filing Date: 10-05-2011)

Hosanna-Tabor Church v. EEOC

Employment Law: Whether the ministerial exception to employment law litigation applies to an employee of a religious organization whose job duties include secular and religious activities.

(Filing Date: 10-05-2011)

Howes v. Fields

Criminal Procedure: Whether police are required to issue Miranda warnings to an incarcerated prisoner during a criminal investigation of an unrelated offense.

(Filing Date: 10-04-2011)

Maples v. Thomas

Criminal Procedure: Whether there is “cause” to excuse a procedural default where petitioner is blameless for the default, the state's own conduct contributed to the default, and petitioner's attorneys of record were no longer functioning as his agents at the time of any default.

(Filing Date: 10-04-2011)

Martinez v. Ryan

Criminal Procedure: Whether a state criminal defendant has a federal constitutional right to effective assistance of counsel on the first post-conviction relief (PCR) appeal that regards an ineffective assistance of counsel claim when state law prohibits raising a direct appeal for ineffective assistance of trial counsel but has a state-law right to raise such a claim in a first post-conviction proceeding.

(Filing Date: 10-04-2011)

Douglas v. Indep. Living Center Of S. Ca; Douglas v. Santa Rosa Memorial Hospital

Preemption: Whether Medicaid recipients and providers maintain a cause of action under the Supremacy Clause to enforce certain provisions of the Medicaid Act.

(Filing Date: 10-03-2011)

Reynolds v. United States

Standing: Whether standing may be established under plain reading of the Sex Offender Registration and Notification Act (SORNA) to challenge an interim rule applying the statute retroactively to parties who committed the offense prior to the statute’s enactment.

(Filing Date: 10-03-2011)

Setser v. United States

Sentencing: Whether a federal district court properly ordered a federal sentence to run consecutively to a not-yet-imposed state sentence.

(Filing Date: 05-11-2010)