criminal law

Oral argument: April 17, 2012

Appealed from: United States Court of Appeals for the Seventh Circuit (Nov. 28, 2011)

On August 3, 2010, President Obama signed the Fair Sentencing Act (“FSA”), which reduced the disparity between the amounts of crack and powder cocaine required to trigger certain minimum mandatory sentences under the federal Sentencing Guidelines. Petitioners Edward Dorsey and Corey Hill were both arrested for possession of crack cocaine with intent to distribute prior to the FSA’s passage, but were both sentenced after the FSA was enacted. Under the pre-FSA guidelines, they received ten-year prison sentences, but under the new FSA guidelines, both would have received substantially shorter prison sentences. Dorsey, Hill, and the United States government all argue that Congress intended for the FSA to apply immediately, and therefore, all prisoners sentenced after August 3, 2010, including Dorsey and Hill, should have been sentenced according to the FSA. Miguel Estrada, a court-appointed amicus curiae writing in support of the judgments below, argues that nothing indicates that Congress intended for immediate effectiveness and that the federal Saving Statute prevents retroactive application of new statutes that would eliminate previously incurred penalties. The decision in these cases will have implications for the consistent application of the FSA to prisoners falling within this particular sentencing window, as well as potential social costs and burdens on the justice system.

Oral argument: Mar. 19, 2012

Appealed from: United States Court of Appeals for the First Circuit (Dec. 22, 2010)

CRIMINAL FINES, FIFTH AMENDMENT, SIXTH AMENDMENT, ENVIRONMENT, CRIMINAL LAW

In 2004, local youths broke into a Southern Union storage center that was improperly storing mercury; the incident resulted in a spill and cleanup effort. Southern Union was charged with storing hazardous waste without a permit under the Resource Conservation and Recovery Act. After a jury found Southern Union guilty, the district court judge determined that the violation had continued for 762 days and imposed a fine of $38 million. On appeal, Southern Union argued that the Supreme Court’s decision in Apprendi required that the jury determine the period of the violation, not the judge. Southern Union contends that if the determination of the period of violation is left to the judge, the court could impose a fine in excess of the actual violation, violating Southern Union’s Fifth and Sixth Amendment rights. In contrast, the United States asserts that Apprendi is not applicable because it dealt with deprivations of life and liberty interests, not the criminal fines that are at issue here. The decision in this case has implications for consistent treatment of defendants and the efficiency of courts.

Oral argument: Nov. 2, 2011

Appealed from: United States Court of Appeals for the Fifth Circuit (Oct. 6, 2010)

Petitioner Rafael Arriaza Gonzalez alleged that his Sixth Amendment right to a speedy trial was violated when he was charged with murder ten years after an alleged shooting occurred. Although Gonzalez did not appeal his case to the Texas state court of last resort, he later petitioned for federal habeas review. The district court held that Gonzalez’s petition was time-barred by 28 U.S.C. § 2244(d)(1)(A) because it was filed more than one year after the period to appeal to the highest Texas state court expired. The United States Court of Appeals for the Fifth Circuit granted a certificate of appealability, but did not indicate which underlying constitutional claim was at issue in the certificate of appealability. The parties now disagree on whether the Fifth Circuit had jurisdiction over Gonzalez’s case after issuing the certificate of appealability, and which event starts the one-year clock for federal habeas review. The Supreme Court’s decision in this case will affect petitioners’ ability to seek federal habeas review; it will also affect the allocation of judicial resources in reviewing certificates of appealability and federal habeas claims.

Oral argument: Oct. 4, 2010

Appealed from: United States Court of Appeals for the Ninth Circuit (Jan. 11, 2010)

Petitioner Luis Mariano Martinez, a convicted felon serving consecutive terms of 35 years to life, filed a writ of habeas corpus seeking relief in federal court. Martinez alleges that his trial counsel provided him with ineffective assistance. Because his appellate counsel failed to raise that ineffective-assistance claim in the first state post-conviction proceeding, an Arizona court precluded the claim on procedural grounds. The U.S. Court of Appeals for the Ninth Circuit ruled that Martinez did not have the right to counsel during his post-conviction proceeding, and concluded that he may not claim ineffective assistance at that stage in order to overcome his procedural default. Consequently, Martinez is barred from raising his ineffective-assistance-of-trial-counsel claim, regardless of whether his post-conviction counsel rendered him ineffective assistance and caused the procedural default that precluded his trial-level claim. Martinez argues that he has a constitutional right to effective assistance of post-conviction counsel in raising his ineffective-assistance-of-trial-counsel claim; he concludes that ineffective post-conviction counsel should negate the procedural default with respect to his ineffective-trial-counsel claim in this federal habeas proceeding. Respondent Charles L. Ryan, Director of the Arizona Department of Corrections, asserts that defendants do not have a right to counsel in post-conviction proceedings, concluding from this that the ineffective assistance of Martinez’s post-conviction counsel cannot negate his procedural default. In this decision, the Supreme Court will have to weigh the possibility that poorly-represented defendants will lose ineffective-assistance claims due to procedural defaults against the benefits of efficient state criminal proceedings.

Oral argument: Mar. 29, 2011

Appealed from: United States Court of Appeals for the Eleventh Circuit (Apr. 14, 2010)

FEDERAL TAMPERING LAW, FEDERALISM, CRIMINAL LAW, FEDERAL CRIMINAL JURISDICTION

Petitioner Charles Fowler murdered a local police officer after the officer approached him and his associates, who were preparing to rob a bank. Fowler was convicted under 18 U.S.C. § 1512(a)(1)(C), which makes it a federal crime to murder a witness to a federal crime with the intent of preventing that witness from communicating with federal law enforcement officials. Fowler challenged his conviction, arguing that the government did not show with sufficient certainty that the officer he murdered was reasonably likely to communicate with federal authorities, had he not been killed. Fowler asserts that failing to require the government to show at least a reasonable likelihood of such communication is inconsistent with the statutory language, and would disrupt the balance between state and federal criminal jurisdiction. The United States responds that requiring such a standard would undermine the statute’s purpose of maintaining the integrity of the federal justice system, and that allowing a lower standard will not disrupt the state-federal balance. The Supreme Court’s decision will clarify the standard the government must meet in prosecuting Section 1512(a)(1)(C) violations, and resolve uncertainty among the circuit courts on this point.