Willamette Law Online

(19 summaries)

Joe Elwood

United States Supreme Court

TitleExcerptFilling Date
Johnson v. WilliamsHabeas Corpus: When a state court addresses some of the claims raised on appeal but does not expressly address a federal claim that is later raised in habeas proceedings, there is a rebuttable presumption that the state court decided the federal claim on its merits.(02-20-2013)
First American Financial Corp. v. EdwardsStanding: Certiorari dismissed as improvidently granted.(06-28-2012)
Parker v. MatthewsHabeas Corpus: The Court of Appeals for the Sixth Circuit improperly set aside a murder conviction in a clear example of "using federal habeas corpus review as a vehicle to second-guess the reasonable decisions of state courts" as proscribed by the Antiterrorism and Effective Death Penalty Act (AEDPA).(06-11-2012)
Taniguchi v. Kan Pacific Saipan, Ltd.Civil Procedure: The Court Interpreters Act provides for compensation for oral translation but not document translation.(05-21-2012)
Armour v. IndianapolisConstitutional Law: Whether the City of Indianapolis violated the Equal Protection Clause of the Fourteenth Amendment by forgiving tax assessments to property owners who were paying in installments, while not offering refunds to property owners who paid in full.(03-29-2012)
Missouri v. FryePost-Conviction Relief: The right to effective assistance of counsel under the Sixth Amendment extends to the consideration of plea offers that lapse because counsel did not inform the defendant of the plea.(03-21-2012)
Douglas v. Independent Living Center of Southern California, Inc.Constitutional Law: The original issue of whether Medicaid providers and recipients may maintain a Supremacy Clause action is not longer applicable because the federal administration in charge of administering Medicaid decided that the state statutes were consistent with federal law. (02-22-2012)
Ryburn v. HuffCriminal Procedure: A police officer may enter an individual's residence without violating the 4th Amendment if a reasonable police officer in the same position could have had an objectively reasonable basis for fearing imminent violence.(01-23-2012)
Holder v. Gutierrez consolidated with Holder v. SawyersImmigration: Whether the years that a person's parents are in the United States legally can be applied to the years required for that person to meet the seven year requirement of 8 U.S.C. 1229b(a)(2) for cancellation of removal.(01-18-2012)
Gonzalez v. ThalerHabeas Corpus: A judge's failure to indicate a constitutional issue as required in 28 U.S.C. § 2253(c)(3) does not deprive the Court of Appeals of subject matter jurisdiction because §2253(c)(3) is not a jurisdictional requirement. Additionally for a state prisoner who does not seek review in the State's highest court, the judgment becomes "final" for the purpose of calculating the one-year limitation period of 28 U.S.C. §2244(d)(1)(A) on the date that the time for seeking such review expires.(01-10-2012)
Salazar v. Ramah Navajo ChapterIndian Law: Whether the government is required to pay contract support costs to a tribal contractor, where Congress has imposed an express statutory cap on the money available to pay these support costs and the amount of the tribal contract support costs exceed the cap.(01-06-2012)
Hall v. United StatesBankruptcy Law: Whether a debtor must pay federal income tax on capital gains from the sale of their farm during bankruptcy proceedings.(11-29-2011)
KPMG LLP v. Robert Cocchi et al.Alternative Dispute Resolution: When a complaint contains both arbitrable and nonarbitrable claims, the Federal Arbitration Act requires courts to compel arbitration of the arbitrable claims.(11-07-2011)
Rehberg v. PaulkCivil Procedure: Whether a government official is entitled to absolutely immunity from a section 1983 claim for damages when their false testimony to a grand jury caused the prosecution of an innocent individual.(11-01-2011)
Florence v. Board of Chosen Freeholders of the County of BurlingtonCriminal Procedure: (Whether the Fourth Amendment permits a jail to conduct a strip search of individual's arrested for civil contempt.)(10-12-2011)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
United States v. KebodeauxConstitutional Law: Whether the Sex Offender and Notification Act (SORNA) is constitutional as applied against a person who completed his criminal sentence prior to SORNA's enactment. (01-11-2013)
Los Angeles County Flood Control District v. Natural Resources Defense CouncilEnvironmental Law: Whether water that flows from one point in a navigable waterway, through a man-made channel, and back into the same river, can be considered a "discharge" from an "outfall" under the Clean Water Act.(06-25-2012)
Amgen Inc. v. Connecticut Retirement Plans and Trust FundsCivil Procedure: Whether a court must require proof of materiality or allow evidence rebutting the applicability of the fraud-on-the-market theory before certifying a class based on that theory.(06-11-2012)
Tibbals v. CarterHabeas Corpus: Whether a prisoner who has been sentenced to death has a "right to competence" and if so whether a federal court may stay habeas proceedings indefinitely.(03-19-2012)