Respondent James Garcia Dimaya, a citizen of the Philippines, immigrated to the United States as a lawful permanent resident in 1992 at the age of thirteen. See Brief for Respondent, James Garcia Dimaya at 5; Dimaya v. Lynch, 803 F.3d 1110, 1111 (9th...
due process
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Petitioner Shannon Nelson was convicted in 2006 of sexual assault offenses against her children for which she began serving a prison term and incurred monetary charges, which the state of Colorado imposes on defendants who have been convicted. See...
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A Louisiana state court convicted Petitioner Juan Smith of participating in the 1995 shooting murder of five people, and sentenced Smith to life in prison without parole. See Brief for Petitioner, Juan Smith at 2; Brief for Respondent, Burl Cain,...
(LIIBULLETIN preview (pre-2014))
[Question Presented][Issue][Facts][Discussion][Analysis]Issue(s)
Whether requiring the defendant to bear the burden of proving withdrawal from a conspiracy as an affirmative defense violates Due Process.
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FactsDuring the late 1980s and...
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Substantive due process is the principle that the Fifth and Fourteenth Amendments protect fundamental rights from government interference. Specifically, the Fifth and Fourteenth Amendments prohibit the government from depriving any person of...
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In January 2013, Defendant Tyson Timbs purchased a Land Rover with $42,058.30 in life-insurance proceeds after his father’s death. Indiana v. Timbs at 2. Timbs then regularly used the Land Rover to buy and transport heroin in the State of Indiana for...
(LIIBULLETIN preview)
Christopher and Charles Turner, Clifton Yarborough, Kevin Smith, Levy Rouse, and Timothy Catlett were convicted for the 1984 murder of Catherine Fuller. Turner v. United States, Nos. 12-CO-1362, 12-CO-1538, 12-CO1539, 12-CO-1540, 12-CO-1541, 12-CO-1542...
(LIIBULLETIN preview)
For employees in the railroad industry, the Railway Labor Act (“RLA”) governs the resolution of labor disputes between rail carriers and unions regarding their collective bargaining agreements. 45 U.S.C. § 151. The procedure for resolving these...
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This consolidated action addresses whether the U.S. Constitution grants Congress the authority to enact 18 U.S.C. § 4248. See U.S. v. Comstock, 551 F.3d 274, 275–76 (4th Cir. 2009). Congress enacted § 4248 as part of the Adam Walsh Child Protection and...
(LIIBULLETIN preview)
Mexican-national Refugio Palomar-Santiago received U.S. lawful permanent resident status in 1990. U.S. v. Palomar-Santiago at 2. The next year, Palomar-Santiago was convicted of a felony DUI. Id. After receiving a Notice to Appear informing him that he...