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Walker v. Martin

Issues

Whether a discretionary, case-by-case procedural bar for “untimely” habeas corpus petitions may be deemed “adequate” under the adequate state ground doctrine.

 

Charles Martin is serving life imprisonment for the robbery and first-degree murder of Charles Stapleton. After exhausting his direct appeals, Martin filed a petition for habeas corpus in California state court, alleging that his trial counsel was ineffective. The California Supreme Court eventually dismissed the petition under the state’s “timeliness” rule, which bars claims filed after “substantial delay.” Martin then filed a habeas corpus claim in federal court on similar grounds. The federal district court found that the state timeliness grounds were “adequate” for dismissal of the federal case. Under the adequate state grounds doctrine, a federal court will not review the decision of a state court if the federal court’s decision would have no impact on the case. The Ninth Circuit reversed, finding that the state had failed to prove that California’s timeliness rule was sufficiently clear and consistently applied so as to be an adequate state bar. Martin argues that the Ninth Circuit was correct in its ruling, while Petitioner James Walker counters that the rule is indeed consistently applied. If the Supreme Court finds the rule adequate, this will likely increase denials of federal habeas corpus petitions; if the rule is not adequate, however, California may be required to use a more precise standard in determining what constitutes an untimely petition.

Questions as Framed for the Court by the Parties

Under state law in California, a prisoner may be barred from collaterally attacking his conviction when the prisoner "substantially delayed" filing his habeas petition. In federal habeas corpus proceedings, is such a state law "inadequate" to support a procedural bar because (1) the federal court believes that the rule is vague and (2) the state failed to prove that its courts "consistently" exercised their discretion when applying the rule in other cases?

All California courts, both state and federal, have original jurisdiction to hear habeas corpus petitions. See Brief for Respondent, Charles Martin at 7. However, if any court finds that a petitioner’s claims are procedurally barred, it may deny the claim with a “summary denial,” which

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Additional Resources

· California Petition for Writ of Habeas Corpus

· Columbia Law Review, Catherine Struve, Direct and Collateral Federal Court Review of the Adequacy of State Procedural Rules

· Federalist Society, Kent Scheidegger and Tom Gede: The Inadequate Jurisprudence of Adequate State Grounds

· American University Law Review, Cynthia L. Fountaine: Article III and the Adequate Independent Grounds Doctrine

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Wal-Mart Stores, Inc. v. Dukes

Issues

1. Can a court certify a class action lawsuit under Federal Rule of Civil Procedure 23(b)(2) where the class action members bring claims for back pay?

2. Does the class defined by the district court meet all the requirements of Federal Rule of Civil Procedure 23(a)?

 

Respondent Betty Dukes and other women have brought a Title VII employment discrimination case against Petitioner Wal-Mart Stores. The United States District Court for the Northern District of California certified a class action comprised of all women employed at any Wal-Mart store since December 26, 1998 who may have been or will be subjected to Wal-Mart’s allegedly discriminatory practices and policies. Wal-Mart appealed, challenging the class certification, but the United States Court of Appeals for the Ninth Circuit affirmed the district court’s ruling. Wal-Mart now appeals to the Supreme Court, arguing that the class certification does not meet the requirements of Federal Rule of Civil Procedure 23(a). Wal-Mart also claims that class certification was improper under Federal Rule of Civil Procedure 23(b)(2) because the employees primarily seek monetary compensation in the form of back pay, and Rule 23(b)(2) does not authorize certification of claims seeking monetary relief. On the other hand, the employees assert that they meet the requirements for class certification under Rule 23(a) because all female employees face the same Wal-Mart policies and share the common issue of discriminatory treatment under those policies. The employees further argue that class actions certified under Rule 23(b)(2) are not precluded from seeking monetary relief, and deny that back pay is a form of monetary compensation. The Supreme Court’s decision will affect the evidence required to bring an employment discrimination class action suit, the relief available to plaintiffs in a class action, and employers’ willingness to settle to avoid liability in class actions.

Questions as Framed for the Court by the Parties

1. Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) - which by its terms is limited to injunctive or corresponding declaratory relief - and, if so, under what circumstances.

2. Whether the class certification ordered under Rule 23(b)(2) was consistent with Rule 23(a).

Petitioner Wal-Mart Stores, Inc. opened its first store in Rogers, Arkansas in 1962. See Walmart.com, About UsThe company now boasts nearly 9,000 retail locations in 15 countries and employs over two million people. See id.

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Additional Resources

· Wex: Class Actions

· N.Y. Times, Adam Liptak and Steven Greenhouse: Supreme Court Agrees to Hear Wal-Mart Appeal (Dec. 6, 2010)

· Summary Judgments, Michael Waterstone: The Future of Employment Discrimination Class Actions (Jan. 10, 2011)

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Air and Liquid System Corp. v. Devries

Issues

Does a bare-metal manufacturer have a duty to warn users of asbestos-related hazards where a third party added asbestos-containing components to the manufacturer’s product?

In this case, the Supreme Court will decide whether a manufacturer may be held liable under maritime law for injuries caused by third-party products that were added to the manufacturer’s product. Air and Liquid Systems Corp. argues that a manufacturer has no duty to warn against the asbestos-related dangers of third-party products. Roberta G. Devries and Shirley McAfee, whose husbands died of asbestos-related illnesses, counter that imposing a duty to warn is reasonable because bare-metal manufacturers should reasonably foresee that their products will be used with asbestos-containing products. Because the injured parties were U.S. Navy sailors, this case also asks the Supreme Court to consider principles of maritime law. The outcome will determine the contours of recovery in the admiralty context.

Questions as Framed for the Court by the Parties

Whether products-liability defendants can be held liable under maritime law for injuries caused by products that they did not make, sell, or distribute.

Respondents Roberta G. Devries and Shirley McAfee (“Devries and McAfee”) separately filed suit in Pennsylvania state court, alleging that their deceased husbands, John B. Devries and Kenneth McAfee, had contracted cancer after being exposed to asbestos in the United States Navy. In re: Asbestos Product Liability Litigation (No. VI) at 5.

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Nielsen v. Preap

Issues

Does 8 U.S.C. 1226(c) require that the Government immediately transfer a criminal alien from criminal custody to immigration custody in order for the Government to subject the criminal alien to mandatory detention without a bond hearing?

This case asks the Supreme Court to interpret the statutory construction of 8 U.S.C. § 1226(c) and ultimately decide how easy it will be for the Government to begin deportation proceedings against criminal aliens. Section 1226(c)(1) provides for the mandatory detention of criminal aliens who commit certain offenses. Mony Preap, an alien with two drug convictions that triggered mandatory detention under § 1226(c), and two other similarly situated aliens contend that, under this statute, the Department of Homeland Security must immediately arrest criminal aliens upon their release from criminal custody in order for mandatory detention to apply. The Government counters that narrowly construing the statute, as Preap proposes, would contradict Congress’s intent to reduce the growing threat to public safety posed by dangerous criminal aliens and their high risk of flight. The outcome of this case has implications for the Government’s ability to detain aliens without a bond hearing under § 1226(c) following their release from criminal custody and affects the ease with which the Government can initiate deportation proceedings against aliens.

Questions as Framed for the Court by the Parties

Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take the alien into immigration custody immediately.

This case involves three respondents, all who immigrated to the United States as children. Preap v. Johnson (9th Cir.) at 7–8. Respondent Mony Preap was born in a refugee camp after his family escaped the Khmer Rouge in Cambodia and has been living in the United States as a lawful permanent resident since 1981. Id. at 7.

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Wagnon v. Prairie Band Potawatomi Nation

Issues

Whether a state motor fuels tax that is "imposed on the use, sale, or delivery" of motor fuel may be imposed on motor fuel that a non-Indian, off-reservation distributor delivers and sells directly to an Indian Tribe at its on-reservation service station.

 

The 1995 amendment to the Kansas Motor Fuel Tax Act allowed the Kansas Department of Revenue to collect a tax on motor fuel distributed to Indian lands. The Prairie Band of the Potawatomi Nation sought to enjoin the State from collecting the tax, claiming that the tax was pre-empted by federal law and that it impermissibly infringed on the Potawatomi Nation's rights of self-government. As prescribed by White Mountain Apache Tribe v. Bracker, either claim can be resolved by an interest-balancing test that considers (1) whether the tax revenue derives from value generated on- or off-reservation, and (2) whether the taxpayer benefits from tribal or state services. The Court will determine whether states can impose a tax which indirectly, but almost certainly, affects enterprises that take place on Indian reservations.

Questions as Framed for the Court by the Parties

  1. When a State taxes the receipt of fuel by non-tribal distributors, manufacturers and importers, and such receipt occurs off-reservation, does the interest-balancing test in White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), apply because the fuel is later sold by a tribe to final consumers?
  2. Should the Court abandon the White Mountain Apache interest-balancing test in favor of a preemption analysis based on the principle that Indian immunities are dependent upon congressional intent?
  3. Did the court of appeals err in applying the White Mountain Apache interest balancing test by, inter alia, placing dispositive weight on the fact that a tribally-owned gas station derives income from largely non-tribal patrons of the tribe's nearby casino?

The Prairie Band of the Potawatomi Nation ("the Nation") is a federally-recognized Indian tribe located on United States trust land in Jackson County, Kansas. Prairie Band Potawatomi v. Richards, 379 F.3d 979, 981 (10th Cir. 2004) (" Potawatomi II ").

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Waddington v. Sarausad

Issues

When reviewing a petition for habeas corpus under 28 U.S.C. § 2254, is a federal court required to accept a state court determination of the constitutionality of jury instructions?

 

In 1994, respondent Cesar Sarausad was convicted of second degree murder in Washington State Court for his role as a driver in a gang-related shooting. At trial, the prosecution argued in its closing that Sarausad could be found guilty of murder under the Washington accomplice liability statute because, even though he only drove the car, if he was "in for a dime," he was "in for a dollar." After repeated requests for clarification on the accomplice liability rule, which the trial judge answered only by referring the jurors back to the Washington accomplice liability statute, the jury returned a unanimous guilty verdict. Sarausad was convicted; he argued unsuccessfully on direct appeal that the instruction relieved the state of its burden to prove each element of the offense charged. Sarausad eventually sought federal habeas corpus relief, which the Ninth Circuit granted. The State of Washington, seeking to reinstate Sarausad's conviction, petitioned for certiorari from the Supreme Court. In deciding this case, the Supreme Court may determine if a federal court is required to defer to state court determination of state law when interpreting the constitutionality of jury instructions pursuant to 28 U.S.C. § 2254.

Questions as Framed for the Court by the Parties

The Washington Supreme Court has repeatedly approved of the pattern accomplice liability jury instructions given in Sarausad’s trial, which mirror the statutory language on accomplice liability under state law. The United States Court of Appeals for the Ninth Circuit found a violation of due process based its independent conclusion that the instructions were ambiguous, and that there was a reasonable likelihood a jury could misapply the instructions so as to relieve the prosecution of its burden to prove each element of a crime beyond a reasonable doubt.

1. In reviewing a due process challenge to jury instructions brought under 28 U.S.C. § 2254, must the federal courts accept the state court determination that the instructions fully and correctly set out state law governing accomplice liability?

2. Where the accomplice liability instructions correctly set forth state law, is it an unreasonable application of clearly established federal law to conclude there was no reasonable likelihood that the jury misapplied the instructions so as to relieve the prosecution of the burden of proving all the elements of the crime?

In 1994, respondent Cesar Sarausad and other 23rd Street Diablos gang members drove to a Seattle high school to confront a rival gang. See Sarausad v. Porter, 479 F.3d 672, 674 (9th Cir.

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Acknowledgments

The authors would like to thank Professor John Blume for his assistance in understanding federal habeas corpus.

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Wachovia Bank v. Schmidt

Issues

1. If an organization has branches in states other than where it is headquartered, is it considered a citizen of all those states for purposes of litigating in federal courts?

2. Where a word used in a federal statute has an ordinary meaning but may be interpreted in different ways in the context of the lengthy and complicated statute, how should courts interpret the term?

 

Daniel Schmidt, a former Wachovia customer, sued the bank in state court after the IRS determined that the investment strategy Wachovia had recommended was illegal. Wachovia, which is headquartered in Charlotte, NC, successfully sought to remove the case to federal court because of the diversity of citizenship of the parties. After an adverse decision on the merits, Wachovia appealed to the Fourth Circuit Court of Appeals. Rather than address the decision on the merits, however, the Fourth Circuit dismissed the case altogether. It determined that the federal system never had jurisdiction to hear the case because Wachovia had branches in South Carolina, and therefore there was no diversity of citizenship between the parties. Wachovia appealed to the Supreme Court because it hopes to keep the case from being retried in state court.

Questions as Framed for the Court by the Parties

1. For the purpose of federal diversity jurisdiction, is a national banking association a citizen of every state in which it maintains a branch, or is its citizenship more limited?

2. Is the word "located" as used in 28 U.S.C. ? 1348, the statute governing the citizenship of national banks for the purposes of diversity jurisdiction, ambiguous?

Petitioner Wachovia Bank National Association ("Wachovia") is a national banking association with its main office in Charlotte, North Carolina. Respondent Daniel Schmidt is a citizen of South Carolina who used Wachovia as his personal and business banker. Brief for Respondents at 1.

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Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc.

Issues

Does a company violate the Robinson-Patman Act when they offer different prices to buyers, but the injured buyer does not make an actual purchase?

 

In 1995, Volvo Trucks North America, Inc. and Reeder-Simco GMC, Inc. entered into a five-year franchise agreement authorizing Reeder as an official Volvo heavy truck dealer. Volvo manufacturers its heavy trucks only after a retail customer solicits bids from several Volvo dealers and accepts a bid. This sort of "competitive bidding" process is an industry-wide practice, and Volvo offers price concessions throughout the process. Reeder claims that Volvo discriminated against the dealership by offering it smaller price concessions. Reeder claims this not only resulted in a loss of business for Reeder, but also violated the Robinson Patman Act. A jury trial resulted in a victory for Reeder, and a divided Eigth Circuit Court of Appeals upheld Reeder's claims. Volvo appealed, and the Supreme Court granted certiorari. In its decision, the Supreme Court will help define who receives protection under the Robinson-Patman Act, as well as the amount and kind of evidence a plaintiff will need to produce for this type of claim.

Questions as Framed for the Court by the Parties

1. Whether an unaccepted offer that does not lead to a purchase-so that there is not "discrimination between different purchasers" as the statutory language contemplates-may be the basis for liability under the Robinson-Patman Act.

2. Whether the Robinson-Patman Act permits recovery of damages by a disfavored purchaser that loses sales or profits to a competitor that does not purchase from the defendant, but does not lose sales or profits to any purchaser that "receives the benefit of" the defendant's price discrimination.

In 1995, Volvo Trucks North America, Inc. ("Volvo") and Reeder-Simco, Inc. ("Reeder") entered into a five-year franchise agreement making Reeder an authorized Volvo heavy truck dealer. Brief for Petitioner at 4.

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Voisine v. United States

Issues

Is reckless misdemeanor assault a “misdemeanor crime of domestic violence” under the Gun Control Act?

 

Congress passed the Lautenberg Amendment to the Gun Control Act, 18 U.S.C. § 922(g)(9) (“section 922”), to prohibit domestic abusers from obtaining firearms. Section 922 covers individuals convicted for a “misdemeanor crime of domestic violence,” which includes state misdemeanors that constitute “the use of physical force.” The Supreme Court will consider whether convictions under Maine’s domestic assault law satisfy this predicate offense requirement. Stephen Voisine was convicted under Maine’s domestic assault statute, which criminalizes “the intentional, knowing, or reckless causation of bodily injury or offensive physical contract to another person.” Voisine was then convicted under section 922. But Voisine asserts that common law battery requires a mens rea greater than recklessness and that the “use of physical force” implies intentional conduct. The United States argues that recklessness meets the standard for common law battery, and contends that section 922 would be pointless if it did not cover misdemeanors like Maine’s domestic assault statute. The Court’s decision will affect the ability of misdemeanants to possess firearms and the health and safety of domestic violence victims.

Questions as Framed for the Court by the Parties

Does a misdemeanor crime with the mens rea of recklessness qualify as a “misdemeanor crime of domestic violence” as defined by 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9)?

In 1996, Congress passed the Lautenberg Amendment to the Gun Control Act of 1968, codified in 18 U.S.C. § 922(g)(9) (“section 922”). Section 922 prohibits individuals previously convicted of a “misdemeanor crime of domestic violence” from possessing firearms or ammunition. See United States v. Voisine, 778 F.3d 176, 177 (1st Cir.

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Additional Resources

Jess Bravin, Death of an Eagle Hatches Supreme Court Firearms Case, Wall Street Journal (Oct. 30, 2015).

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Virginia v. Moore

 

In 2003, Virginia police stopped David Moore for driving on a suspended license. The officers then violated Virginia law by arresting Moore instead of issuing a summons. A follow-up search revealed cash and cocaine in Moore's pockets. Moore moved to suppress this evidence on grounds that the illegal arrest made the search unreasonable under the Fourth Amendment. Virginia responded that while Moore's arrest violated state law, the search was reasonable under the U.S. Constitution because it was incident to an arrest based on probable cause that he committed a crime. The trial court found the search constitutional and convicted Moore on drug charges. The Virginia Court of Appeals initially reversed but reinstated the conviction after hearing the case en banc. The Supreme Court of Virginia reversed the conviction, and Virginia appealed to the U.S. Supreme Court. This case could affect many state laws concerning civil liberties and the way in which police think about illegal arrests.

Questions as Framed for the Court by the Parties

Does the Fourth Amendment require the suppression of evidence obtained incident to an arrest that is based upon probable cause, where the arrest violates a provision of state law?

In 2003, police in Virginia were discussing over the radio that someone nicknamed "Chubs" (David Lee Moore) was driving in the area. Moore v. Commonwealth, 622 S.E.2d 253, 255 (Va. Ct. App. 2005), rev'd, 636 S.E.2d 395 ( Va. 2006), cert. granted, 128 S. Ct. 28 ( U.S. Sept. 25, 2007) (No.

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