Willamette Law Online

United States Supreme Court Certiorari Granted

( 4 summaries )

Opinions Filed in April 2012

Chaidez v. United States

Criminal Procedure: 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.

(Filing Date: 04-30-2012)

Kirtsaeng v. John Wiley & Sons, Inc.

Copyright: 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.

(Filing Date: 04-16-2012)

Arkansas Game & Fish Commission v. United States

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

(Filing Date: 04-02-2012)

Moncrieffe v. Holder

Immigration: 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).

(Filing Date: 04-02-2012)