Other “Cert-Worthy” (not quite Sponge-Worthy) cases granted today

Whenever I read about cases being granted cert, I consider them “Cert-Worthy.” Think of the classic “Sponge-Worthy” Seinfeld episode.

Anyway, in addition to McDonald v. Chicago, some other cert grants for today that interest me include (H/T to SCOTUSBlog):

Carr v. United States
Issue: Whether a person may be criminally prosecuted under 18 U.S.C. § 2250 for failure to register when the defendant’s underlying offense and travel in interstate commerce both predated the Sex Offender Registration and Notification Act’s enactment ; whether the Ex Post Facto Clause precludes prosecution under § 2250(a) of a person whose underlying offense and travel in interstate commerce both predated SORNA’s enactment.

Berghuis, Warden v. Smith
Issue: Whether the Sixth Circuit erred in concluding that the Michigan Supreme Court failed to apply “clearly established Federal law” under 28 U.S.C. § 2254 when it rejected a state prisoner’s Sixth Amendment fair cross-section claim and whether the Sixth Circuit erred in applying the comparative-disparity test (for evaluating the difference between the numbers of African Americans in the community as compared to the venires).

Berghuis, Warden v. Thompkins
Issue: Whether the Sixth Circuit expanded the Miranda rule to prevent an officer from attempting to non-coercively persuade a defendant to cooperate where the officer informed the defendant of his rights, the defendant acknowledged that he understood them, and the defendant did not invoke them but did not waive them.

United States v. O’Brien and Burgess
Issue: Whether the mandatory minimum sentence enhancement under 18 U.S.C. § 924(c)(1) to a 30-year minimum when the firearm is a machinegun is an element of the offense that must be charged and proved to a jury beyond a reasonable doubt, or instead a sentencing factor that may be found by a judge by the preponderance of the evidence.

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One Response to “Other “Cert-Worthy” (not quite Sponge-Worthy) cases granted today”

  1. Interesting Law Rev: Articles I & III on Enumeration « Josh Blackman's Blog Says:

    […] on Enumeration September 30, 2009 — Josh Blackman In my second post today involving Seinfeld, Professor Gil Seinfeld from Michigan Law has posted an interesting article on […]


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