United States Supreme Court Certiorari Granted

Opinions Filed in April 2012

Chaidez v. United States

Whether the rule announced in Padilla v. Kentucky—that an attorney provides ineffective assistance of counsel in violation of the Sixth Amendment by failing to inform a criminal defendant that a guilty plea carries a risk of deportation—applies retroactively to persons whose convictions were already final.

Area(s) of Law:
  • Criminal Procedure

Kirtsaeng v. John Wiley & Sons, Inc.

Whether the Copyright Act's "first sale doctrine" freely permits resale of foreign works legally purchased overseas and imported into the United States as the Third Circuit has held, or if such works can only be resold after the copyright holder explicitly approves the sale as the Second Circuit has held, or if they can only be resold after the copyright holder approves an earlier sale as the Ninth Circuit has held.

Area(s) of Law:
  • Copyright

Arkansas Game & Fish Commission v. United States

Whether a physical invasion must be permanent in order to constitute a taking under the Fifth Amendment.

Area(s) of Law:
  • Constitutional Law

Moncrieffe v. Holder

Whether the government bears the burden of proving a defendant was convicted of a drug trafficking charge that would constitute a federal felony in order to justify removal as an aggravated felon under 21 U.S.C. § 841(a)(1).

Area(s) of Law:
  • Immigration

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