ࡱ> egd +bjbjVV .V<<v#%11111EEE8}\TE9--"OOO***&9(9(9(9(9(9(9$:A=L91y**yyL911OOa9y1O1O&9y&92"5O* Ev39w9093==4"5=1"5*0Z"|***L9L9***9yyyy=********* : SUPREME COURT REVIEW AND PREVIEW David A. Moran, University of Michigan Law School Last Updated November 15, 2010 Search and Seizure Administrative and Special Needs Searches City of Ontario v. Quon, 130 S.Ct. 2619 (2010) Even assuming a government employee enjoys an expectation of privacy in his government-issued electronic communications device, the search of the employees text messages here was reasonable because the purpose was to determine whether the city was appropriately limiting the amount of text messaging. Camreta v. Greene & Alford v. Greene (to be argued Jan. 2011) Does the Fourth Amendment requires a warrant, a court order, parental consent, or exigent circumstances before law enforcement and child welfare officials may conduct a temporary seizure and interview at a public school of a child whom they reasonably suspect was being sexually abused? Exigencies Kentucky v. King (to be argued January 12, 2011) If the police, engaged in lawful activity, create an exigency, are the police thereby barred from using the exigency exception to the search warrant requirement? Exclusionary Rule Davis v. United States (to be argued Feb. 2011) If the police perform a search relying on precedent later overturned (in this case, New York v. Belton, overturned in Arizona v. Gant), should the evidence be admitted under the good faith exception? Tolentino v. New York (to be argued Feb. 2011) If the police learn the defendants identify by illegally stopping him and then discover, by running the defendants identity through a state database, that the defendants license is suspended, should the defendants identity and the records of his suspension be excluded as the fruit of the poisonous tree from the illegal stop? Confessions Miranda Issues Custody J.D.B. v. North Carolina (to be argued Feb. 2011) For purposes of the Miranda objective test to determine whether a suspect reasonably believes he/she is in custody, should the court take into account that the suspect is a child (13 years old in this case)? Adequacy of the Warnings Florida v. Powell, 130 S.Ct. 1195 (2010) The version of the Miranda warnings delivered here was not fatally defective even though it failed to specifically state that the arrestee has the right to have counsel with him during questioning. Waiver and Invocation of Right to Silence Berghuis v. Thompkins, 130 S.Ct. 2250 (2010) A Miranda invocation of the right to silence must be made clearly and unambiguously, and waiver of the right to silence can be established if the suspect understood the rights and proceeded to make a statement even if he remained silent for a very long time before answering any questions. Durabilility of a Miranda Invocation Maryland v. Shatzer, 130 S.Ct. 1213 (2010) If a defendant invokes his Miranda right to counsel during custodial interrogation, Edwards v. Arizona does not prevent the police from later reinitiating custodial interrogation if there has been an intervening break in Miranda custody, which can include the return of a sentenced prison inmate to general population, so long as the break in custody lasts at least 14 days before the police reinitiate interrogation. Right to Counsel Scope of the Right Turner v. Price (to be argued Feb. 2011) Does a defendant have the right to counsel before being incarcerated for civil contempt (in this case, for failing to pay child support)? Miscellaneous Trial Issues Ineffective Assistance of Counsel Padilla v. Kentucky, 130 S.Ct. 1473 (2010) Counsel provides deficient performance in misadvising or failing to advise a non-citizen client that pleading guilty to a particular offense will trigger automatic deportation, at least where it is clear that the immigration statute requires automatic deportation. Harrington v. Richter (argued October 12, 2010) Is trial counsel ineffective for failing to obtain exculpatory forensic evidence when counsel instead attempted to create reasonable doubt through cross-examination? Jury Selection Thaler v. Haynes, 130 S.Ct. 1171 (2010) (per curiam) It is not clearly established for habeas corpus purposes that a judge must have personally observed a jurors demeanor before accepting a prosecutors explanation after a Batson challenge that he or she struck the juror because of the jurors demeanor. Berghuis v. Smith, 130 S.Ct. 1382 (2010) The Michigan Supreme Court reasonably applied the Sixth Amendment fair cross section test when it concluded that the defendant failed to carry his burden of showing that Kent Countys system of allocating jurors to district and circuit court produced systematic underrepresentation of minorities on circuit court juries. Skilling v. United States, 130 S.Ct. 2896 (2010) Former Enron executive failed to show community sentiment in Houston was so biased against as to warrant application of presumption of partiality requiring change of venue, and he also failed to show any seated jurors were actually biased against him. Right to a Public Trial Presley v. Georgia, 130 S.Ct. 721 (2010) (per curiam) The trial court committed a per se reversible Sixth Amendment error by entirely excluding the public from watching the jury selection because of spatial limitations without considering alternative arrangements. Sufficiency of the Evidence McDaniel v. Brown, 130 S.Ct. 665 (2010) (per curiam) In performing a sufficiency of the evidence analysis, a reviewing court cannot discard challenged, discredited, or inadmissible evidence that was admitted at the trial and then decide whether the remaining evidence is sufficient. E. Confrontation RightsTestimonial Evidence Michigan v. Bryant (argued October 5, 2010) Is a statement from a wounded victim identifying his perpetrator to police officers on the scene testimonial within the meaning of Crawford v. Washington so as to bar admission absent an opportunity to cross-examine the declarant? Bullcoming v. New Mexico (to be argued February 2011) Is confrontation satisfied where a lab report is introduced when the lab analyst who performed a particular test is not available to testify but another analyst is available to testify about the testing procedures generally? Sentencing (and Other Forms of Confinement) Mandatory Minimums and the Sixth Amendment United States v. OBrien, 130 S.Ct. 2169 (2010) A federal statute that requires a sixfold increase in the mandatory minimum for using a firearm during a violent crime if the firearm is a machine gun creates, as a matter of statutory interpretation, an element of the offense that must be proved to the jury beyond a reasonable doubt, not a sentencing factor, even though the mandatory minimum does not increase the statutory maximum. Juvenile Sentencing and the Eighth Amendment Graham v. Florida, 130 S.Ct. 2011 (2010) The 8th Amendment categorically bars the imposition of life without parole sentences on juveniles for crimes other than homicide. Civil Commitment United States v. Comstock, 130 S.Ct. 1949 (2010) The Necessary and Proper Clause gives Congress authority to provide for the indefinite civil commitment of sexually dangerous federal prisoners after their federal correctional sentences expire. Post-Conviction Relief Post-Conviction Access to Evidence Skinner v. Switzer (argued October 13, 2010) Does a death row prisoner have a Due Process right to access and test potentially exculpatory DNA evidence and, if so, may he bring a 1983 action or must he proceed in habeas corpus? AEDPA Statute of Limitations and Tolling Holland v. Florida, 130 S.Ct 2549 (2010) A defendant may be entitled to equitable tolling of the AEDPA one-year deadline due to extraordinary circumstances, which may include serious misconduct, going beyond mere negligence, by his attorney who missed the deadline. Wall v. Kholi (to be argued November 29, 2010) Does a motion for discretionary sentence reduction filed in the state trial court toll the time for filing a federal habeas petition? Successive Petitions Magwood v. Patterson, 130 S.Ct. 2788 (2010) A habeas petition filed following a resentencing is not successive when the same issue could have been, but was not, raised in a habeas petition challenging the initial sentencing. AEDPA Standards of Review Renico v. Lett, 130 S.Ct. 1855 (2010) The Michigan Supreme Courts conclusion that the trial court had manifest necessity to declare a hung jury after only a few hours of deliberation and without consulting counsel was not unreasonable for purposes of habeas corpus review. Harrington v. Richter (argued October 12, 2010) Is a state decision summarily rejecting an ineffective assistance claim entitled to AEDPA deference? Premo v. Moore (argued October 12, 2010) When a defendant who entered a guilty plea argues ineffective assistance of counsel on collateral review because his attorney failed to move to suppress the defendants involuntary confession, should the federal court apply the Fulminante rule that the admission of an involuntary confession is never harmless error?     PAGE  PAGE 2  !1<HShkqrst  % ' 7 Q U n o p q { | } ȾȷȮ|wmwfaw h@5 hkp^pgd1 h^`hgd1^gd1 & F  ^`gda ^ gdap^pgda8^8gda & F  `gdagda"4JKL_f<=>Skmt23EFOgoyĵɫ{vqvjqq hy6\ h()\ hy\ h16\ h1\ h15\ h()5\ h5\ h(5\h156\hIxh15\ ha56heu|ha\ ha5haha5\hHha6\ ha6\ ha\ h$5\ ha5\ha56\)yqrghiƾƹƲzuuupkchO56\ hO\ hM~\ hd\ hd5\ h5\hl56\h31e56\ hl5\ hl\ h>@5\ hM~5\ hy5\ h4\h456\ h45\hU ht hW&g\ hc\ h!\ h1\ hWL\ hl#\ hl#6\ h()\$fghgdt & Fgd4gdM~ & Fgdyp^pgd4gd4 & Fgd48^8gd4 & Fgd4gdrp^pgd!p^pgd1  abgdar0p^pgd4gdUp^pgd|cgd} & Fgd4gdup^pgdtp^pgdl  `ab{氫ɜߗ냜~wohwow hI5\hU56\ hU5\ ha#\ h}5\h*56\ h*\ h\ h*5\hW&g56\ hW&g\hOhO\ hO6\hOhO5\ h5\hO56\ h|c5\ hW&g5\ hO\ hU 5\ hO5\ hc5\'-/FGH12KaghiK L V ӽ}vle h 5\hdh & Fgdygdyp^pgd2Z^gd2Z\(c(e(s(((v)w)x)))))) *****0*7*+%+s+t+u+v+w+y+z+|+}+++++žxskgkgkgkg]jh"+0JUhj1jhj1U hy\hzxhzx\ hzx6\ hzx\ hzx5\hzx56\hI56\hOhzx\ hO\ hI5\ hO5\ hc5\hO56\ hc\ hsX\ h}\ h}5\ hU 5\h}56\ h>5\ hsX5\#x+y+{+|+~++++++++++++ p^p`gdsX &`#$gd q++++++++++++++ hy\hj1h$0JmHnHuh"+jh"+0JU h"+0J ,1h/ =!"#$% ^ 2 0@P`p2( 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p8XV~_HmH nH sH tH @`@ IxNormalCJ_HaJmH sH tH :@:  Heading 1$@&5\@@  Heading 2$$@&a$5\DA`D Default Paragraph FontViV  Table Normal :V 44 la (k (No List 6>@6 Title$a$ 5CJ \8J@8 Subtitle$a$5\DCD Body Text Indent ^HR"H Body Text Indent 2  ^ HS2H Body Text Indent 3 p^p4 @B4 ZFooter  !.)@Q. Z Page Number@b@ a List Paragraph ^PK![Content_Types].xmlj0Eжr(΢Iw},-j4 wP-t#bΙ{UTU^hd}㨫)*1P' ^W0)T9<l#$yi};~@(Hu* Dנz/0ǰ $ X3aZ,D0j~3߶b~i>3\`?/[G\!-Rk.sԻ..a濭?PK!֧6 _rels/.relsj0 }Q%v/C/}(h"O = C?hv=Ʌ%[xp{۵_Pѣ<1H0ORBdJE4b$q_6LR7`0̞O,En7Lib/SeеPK!kytheme/theme/themeManager.xml M @}w7c(EbˮCAǠҟ7՛K Y, e.|,H,lxɴIsQ}#Ր ֵ+!,^$j=GW)E+& 8PK!Ptheme/theme/theme1.xmlYOo6w toc'vuر-MniP@I}úama[إ4:lЯGRX^6؊>$ !)O^rC$y@/yH*񄴽)޵߻UDb`}"qۋJחX^)I`nEp)liV[]1M<OP6r=zgbIguSebORD۫qu gZo~ٺlAplxpT0+[}`jzAV2Fi@qv֬5\|ʜ̭NleXdsjcs7f W+Ն7`g ȘJj|h(KD- dXiJ؇(x$( :;˹! I_TS 1?E??ZBΪmU/?~xY'y5g&΋/ɋ>GMGeD3Vq%'#q$8K)fw9:ĵ x}rxwr:\TZaG*y8IjbRc|XŻǿI u3KGnD1NIBs RuK>V.EL+M2#'fi ~V vl{u8zH *:(W☕ ~JTe\O*tHGHY}KNP*ݾ˦TѼ9/#A7qZ$*c?qUnwN%Oi4 =3ڗP 1Pm \\9Mؓ2aD];Yt\[x]}Wr|]g- eW )6-rCSj id DЇAΜIqbJ#x꺃 6k#ASh&ʌt(Q%p%m&]caSl=X\P1Mh9MVdDAaVB[݈fJíP|8 քAV^f Hn- "d>znNJ ة>b&2vKyϼD:,AGm\nziÙ.uχYC6OMf3or$5NHT[XF64T,ќM0E)`#5XY`פ;%1U٥m;R>QD DcpU'&LE/pm%]8firS4d 7y\`JnίI R3U~7+׸#m qBiDi*L69mY&iHE=(K&N!V.KeLDĕ{D vEꦚdeNƟe(MN9ߜR6&3(a/DUz<{ˊYȳV)9Z[4^n5!J?Q3eBoCM m<.vpIYfZY_p[=al-Y}Nc͙ŋ4vfavl'SA8|*u{-ߟ0%M07%<ҍPK! ѐ'theme/theme/_rels/themeManager.xml.relsM 0wooӺ&݈Э5 6?$Q ,.aic21h:qm@RN;d`o7gK(M&$R(.1r'JЊT8V"AȻHu}|$b{P8g/]QAsم(#L[PK-![Content_Types].xmlPK-!֧6 +_rels/.relsPK-!kytheme/theme/themeManager.xmlPK-!Ptheme/theme/theme1.xmlPK-! ѐ' theme/theme/_rels/themeManager.xml.relsPK] # V $$$' "yV "%\(++ "$&(*S y <$c'x++!#%')  '! !8@0(  B S  ?(((11?#;GG#=*urn:schemas-microsoft-com:office:smarttags PlaceType=*urn:schemas-microsoft-com:office:smarttags PlaceName9*urn:schemas-microsoft-com:office:smarttagsplace bk:>EK> F J S Y ] &/2<fjdk~e k o s y } ""#%#v#x#y#{#|#~###### @L2? v#x#y#{#|#~######333hk`JK YaWZG I w!w!u#v#v#y#y######hk`JK YaWZG I w!w!u#v#v#x#y#y#{#|#~###### 0! BVN" Ho%ܞp0Aܞp:ATBE`Ew6/ w!'#\X$ &s&S(rx(*:i*"+-,mv.d0ar01O25xE576J6>c8h8r8a9c=:,;ec;r= ?>@Er@A^ABJFHI MOMGUNNO4 QT.oIY}[3\xsXdxWL_" gzx MtCBHdY'pq6aop` q,t/>CbSeTC s*d[T5jr*Iim}(OcH(=JyOY`!}!GQv7z()c 4m w]]eko(aC:4WR9y \z4-<]M'Mv#x#@KKWKK#`@UnknownG*Ax Times New Roman5Symbol3. *Cx ArialA BCambria Math"qh fz&z&tJ,@J,@!24d#d# 3QHX?WR2!xx%FOURTH AMENDMENT SUPREME COURT UPDATEWayne State University Law Scmorand4         Oh+'00 @L l x  (FOURTH AMENDMENT SUPREME COURT UPDATE Wayne State University Law Sc Normal.dotmmorand116Microsoft Office Word@@߄@@ԾJ,՜.+,0 hp   Law School@d# &FOURTH AMENDMENT SUPREME COURT UPDATE Title  !"#$%&'()*+-./012356789:;<=>?@ABCDEFGHIJKLMNOPQRSUVWXYZ[]^_`abcfRoot Entry F hData ,1Table4/>WordDocument.VSummaryInformation(TDocumentSummaryInformation8\CompObjy  F'Microsoft Office Word 97-2003 Document MSWordDocWord.Document.89q