Willamette Law Online

(14 summaries)

Alexander Garcia

United States Supreme Court

TitleExcerptFilling Date
Warger v. ShauersEvidence: Federal Rule of Evidence 606(b) precludes a party seeking a new trial from using one juror's affidavit of what another juror said in deliberations to demonstrate that the other juror was dishonest during jury selection.(12-09-2014)
Glebe v. FrostAppellate Procedure: A limitation on closing argument is not a structural error, warranting automatic reversal, but rather allows the possibility that such a limitation is subject to harmless error review.(11-17-2014)
Lopez v. SmithHabeas Corpus: Under 28 U.S.C. §2254(d), a federal court may grant habeas relief to a state prisoner only if the state court’s decision was contrary to established Federal law, as determined by the United States Supreme Court.(10-06-2014)
Burwell v. Hobby Lobby Stores, Inc.First Amendment: The contraceptive coverage mandate of the Affordable Care Act substantially burdens a closely held corporation's free exercise of religion under the Religious Freedom Restoration Act. (06-30-2014)
Riley v. CaliforniaCriminal Procedure: Police may not search an arrested individual’s cell phone data without a warrant.(06-25-2014)
United States v. ClarkeTax Law: A taxpayer has the right to challenge the Internal Revenue Service’s reasons for issuing a summons when that taxpayer offers credible evidence to support a plausible charge.(06-19-2014)
Clark v. RamekerBankruptcy Law: Funds contained in an inherited individual retirement account are not considered “retirement funds” for purposes of the bankruptcy exemption.(06-12-2014)
Hall v. FloridaSentencing: An IQ threshold requirement, which bars a defendant from presenting intellectual disability evidence, is unconstitutional when that requirement disregards established medical practice, ignores inherent imprecision of an IQ test, and is inconsistent with the majority of the States’ legislation. (05-27-2014)
Highmark Inc. v. Allcare Health Management System, Inc.Appellate Procedure: An appellate court should review all aspects of a district court’s §285 determination for abuse of discretion only.(04-29-2014)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
DIRECTV, Inc. v. ImburgiaArbitration: Whether California state law forbids agreements that waive customer rights to bring a class action.(03-23-2015)
Horne v. Department of AgricultureConstitutional Law: (1) Whether the Takings Clause of the Fifth Amendment applies only to real property and not personal property; (2) whether government may avoid paying just compensation for a physical taking of property by reserving a contingent interest in a portion of the value of the property to the property owner; and (3) whether the California raisin marketing order is a per se taking that requires just compensation. (01-16-2015)
Henderson v. United StatesProperty Law: Whether federal prohibition of felons possessing firearms under 18 U.S.C. § 922(g) completely terminates an individual’s firearm ownership right when that individual is convicted of felony.(10-20-2014)
Reed v. GilbertFirst Amendment: Whether a town's sign code, limiting the amount of time when a sign may be posted, violates the Free Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment when the sign is used to announce religious services.(07-01-2014)
Department of Homeland Security v. MacLeanQualified Immunity: Whether Congress intended the Whistleblower Protection Act to bar penalties when a government employee unilaterally exposes sensitive security information.(05-19-2014)