Skip to main content

House v. Bell

Issues

Under Schlup v. Delo and Herrera v. Collins, how much evidence must an individual present in order to prove his actual innocence to obtain habeas corpus relief and review of procedurally defaulted claims?

 

 

Carloyn Muncey was murdered on July 13, 1985 in Union County, Tennessee. Her badly beaten body was found the next day in a brush pile about one hundred yards from her house, and it appeared as though a strong blow to her head had killed her after a long struggle. That same day, two witnesses saw Paul House emerging from the area where Muncey’s body was discovered wiping his hands with a dark rag. Several witnesses, as well as House, gave conflicting statements as to where he was the night of the crime. Over the course of the investigation of the murder, FBI officials found blood on House’s jeans that they determined was Muncey’s blood, as well as semen on Muncey’s clothes that they determined was likely House’s. Based on this circumstantial evidence, a jury in Union County convicted House of first-degree murder and sentenced him to the death penalty based on three aggravating circumstances. During post-conviction relief proceedings in state and federal courts, House presented evidence that he was actually innocent of the crime. This new evidence included a confession from Muncey’s husband that he had murdered her, DNA evidence that it was not House’s semen on Muncey’s clothes, and evidence that the blood on his jeans was spilled onto his jeans after the autopsy on Muncey. None of the courts reviewing House’s case found his evidence sufficient to establish his actual innocence, however, and did not allow for review of his procedurally defaulted claims, such as ineffective assistance of counsel at trial, or to obtain relief from his conviction. The United States Supreme Court must now determine how much evidence an individual such as House must present to prove his actual innocence and overturn a jury’s conviction and death sentence, as well as how much evidence is necessary to establish House’s innocence so that a court can review his procedurally defaulted claims.

 

Questions as Framed for the Court by the Parties

1.  Did the majority below err in applying this Court’s decision in Schlup v. Delo to hold that Petitioner’s compelling new evidence, though presenting at the very least a colorable claim of actual innocence, was as a matter of law insufficient to excuse his failure to present that evidence before the state courts – merely because he had failed to negate each and every item of circumstantial evidence that had been offered against him at the original trial?

2.  What constitutes a “truly persuasive showing of actual innocence” pursuant to Herrera v. Collins sufficient to warrant freestanding habeas relief?

Additional Resources

Submit for publication
0

Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission

Issues

Does a court violate the First Amendment when it considers issues pertaining to teacher employment in a religious organization where the teacher serves both secular and religious functions?

 

Respondent Cheryl Perich taught for five years at Petitioner, Hosanna-Tabor Evangelical Lutheran Church and School (“Hosanna-Tabor”), including four years as a commissioned minister. In 2004, Hosanna-Tabor hired a new teacher to fill Perich’s position after Perich missed several months of teaching due to narcolepsy. When Hosanna-Tabor did not permit Perich to return to her former position, Perich threatened to sue under the Americans with Disabilities Act (“ADA”). Hosanna-Tabor fired Perich, and Perich initiated legal proceedings with the Respondent Equal Employment Opportunity Commission (“EEOC”), alleging that Hosanna-Tabor fired her in retaliation for threatening to sue. Hosanna-Tabor argues that the ministerial exception to the ADA, which prevents employment suits against religious entities by their religious employees, bars Perich's lawsuit because she fulfilled an important religious role. Perich and the EEOC contend that there is no ministerial exception under the anti-retaliation provisions of the  ADA,  and that the Establishment Clause, freedom of association principles, and Free Exercise Clause do not bar her suit. The United States Court of Appeals for the Sixth Circuit determined that Perich did not fall under the ministerial exception because she taught secular subjects with minimal religious components. The Supreme Court will decide whether the ministerial exception applies to a teacher at a religious school who teaches both secular and religious material.

Questions as Framed for the Court by the Parties

Whether the ministerial exception applies to a teacher at a religious elementary school who teaches the full secular  curriculum,  but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.

Hosanna-Tabor Evangelical Lutheran Church and School (“Hosanna-Tabor”) is a religious school in Redford, Michigan that teaches kindergarten through eighth grade. See EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School597 F.3d 769, 772 (6th Cir.

Written by

Edited by

Additional Resources

USA Today, Richard W. Garnett: Hosanna-Tabor Case to Test Our Church-State Divide (Apr. 24, 2010)
 
Religion Clause, Howard Friedman: What is at Issue in the Hosanna-Tabor Case? (March 28, 2011)
Submit for publication
0

Packingham v. North Carolina

Issues

Does a North Carolina statute making it a felony for registered sex offenders to “access” social networking websites that allow minors to have accounts violate the First Amendment?

In 2002, Lester Gerard Packingham pled guilty to taking indecent liberties with a child and was registered as a sex offender in the state of North Carolina. After posting on Facebook in 2010, Packingham was arrested and convicted under a North Carolina statute that prohibits all registered sex offenders from accessing any social networking website. Packingham appealed, arguing that the law violated the First Amendment. The Supreme Court of North Carolina affirmed Packingham’s conviction, finding that the law was an acceptable content-neutral speech restriction. Packingham argues that the law is substantially overbroad and is therefore unconstitutional both on its face and as applied to this case under either strict or intermediate scrutiny. North Carolina maintains that the law is narrowly tailored to achieve the government’s interest in protecting children from sexual abuse and therefore satisfies intermediate scrutiny. The Supreme Court’s decision in this case will impact the balance between state governments’ interest in public safety and convicted persons’ First Amendment rights.

Questions as Framed for the Court by the Parties

The North Carolina Supreme Court sustained petitioner's conviction under a criminal law, N.C. Gen. Stat. § 14-202.5, that makes it a felony for any person on the State's registry of former sex offenders to access a wide array of websites-including Facebook, YouTube, and nytimes.com-that enable communication, expression, and the exchange of information among their users, if the site is know[n] to allow minors to have accounts. The law—which applies to thousands of people who, like petitioner, have completed all criminal justice supervision—does not require the State to prove that the accused had contact with (or gathered information about) a minor, or intended to do so, or accessed a website for any illicit or improper purpose. The question presented is: Whether, under this Court's First Amendment precedents, such a law is permissible, both on its face and as applied to petitioner-who was convicted based on a Facebook post in which he celebrated dismissal of a traffic ticket, declaring God is Good!

On May 30, 2012, Lester Gerard Packingham, a registered sex offender, was found guilty of using a social network website in violation of N.C. Gen. Stat. § 14-202.5. See State v. Packingham, 368 N.C. 380 (2015). N.C. Gen. Stat. § 14-202.5 is a North Carolina statute that makes sex offenders’ use of social networking websites, like Facebook, illegal.

Written by

Edited by

Additional Resources

Submit for publication
0

Esquivel-Quintana v. Lynch

Issues

Does the defendant’s conviction of unlawful sexual intercourse with a child under Florida law constitute the federal offense of an aggravated felony under 8 U.S.C. § 1101(a)(43)(A)?

The Supreme Court will decide whether a conviction under a California criminal statute prohibiting unlawful sexual intercourse with a minor categorically constitutes “aggravated felony” under a federal statute prohibiting “sexual abuse of a minor”—a violation that would provide a legal basis for deportation of a noncitizen. Juan Esquivel-Quintana argues that his conviction does not meet the federal definition if the lowest qualifying conduct under the state statute does not necessarily constitute a crime under the federal statute. He argues that federal law, the Model Penal Code, and the criminal laws of forty-three states affirm that his conduct is not convictable under the federal statute and thus fails categorically. Moreover, he argues that the Court should not defer to the Board’s determination that ‘minor’ under the federal statute means anyone under eighteen years of age because, among other reasons, it impermissibly relies on non-criminal law guidance. In rebuttal, Attorney General Loretta E. Lynch argues that a plain-language interpretation of the California statute is sufficient to resolve the issue against Esquivel-Quintana and that a multi-jurisdictional analysis is unnecessary in light of the plain language. If, however, the Court determines there to be ambiguities, Lynch asserts that the Board’s determination is reasonable and should be offered deference by the Court. This case may have policy implications regarding separation of powers and fair notice concerns.

Questions as Framed for the Court by the Parties

Under federal law, the Model Penal Code, and the laws of 43 states and the District of Columbia, consensual sexual intercourse between a 21-year-old and someone almost 18 is legal. Seven states have statutes criminalizing such conduct.

The question presented is whether a conviction under one of those seven state statutes constitutes the “aggravated felony” of “sexual abuse of a minor” under 8 U.S.C. § 1101(a)(43)(A) of the Immigration and Nationality Act—and therefore constitutes grounds for mandatory removal.

Juan Esquivel-Quintana entered the United States from Mexico in 2000 under an immigrant visa and then became a lawful permanent resident. See Esquivel-Quintana v. Lynch, No. 15-3101 at 2 (6th Cir.

Written by

Edited by

Additional Resources

Submit for publication
0

Dean v. United States

Issues

In determining a sentence for the predicate felony underlying § 924(c), what is the scope of a trial court’s discretion in considering the statute’s mandatory consecutive sentence? 

In this case, the Supreme Court will decide the scope of a trial court’s discretion in considering the mandatory consecutive sentence under 18 U.S.C. § 924(c) (mandating a minimum sentence if a firearm is used in furtherance of a violent crime) when determining a sentence for the predicate offense. In deciding whether the lower courts erred by not further reducing the petitioner’s sentence for his predicate offense, the Court will look at whether United States v. Pepper (holding that 18 U.S.C. § 3661 implied that a sentencing court should consider all relevant information about a defendant when determining an appropriate sentence) overruled United States v. Hatcher (holding that a trial court could not impose a mere one-day sentence for crimes that were not subject to a mandatory minimum just because the § 924(c)-mandated sentence had been 300 months). Petitioner Levon Dean, Jr. argues that trial courts should be given full discretion to consider all possible information and that Congressional support of a shorter sentence is evinced by the text of the Sentencing Reform Act of 1986. The United States, as respondent, counters that the Sentencing Reform Act cannot be used simply to lower the aggregate sentence and that Congress specifically intended to prohibit lighter sentences because of the unique dangers of a § 924(c) violation. If the Court rules that Pepper overruled Hatcher, this will give trial courts more discretion in fashioning shorter aggregate sentences for defendants who used a firearm in furtherance of a violent crime.

Questions as Framed for the Court by the Parties

Does the Supreme Court’s decision in Pepper v. United States―holding that a judge can adjust sentencing guidelines downward if the defendant is rehabilitated after his initial sentencing―overrule United States v. Hatcher and other Eighth Circuit opinions that limit the district court’s discretion in determining the appropriate sentence for the felony serving as the basis for a conviction for possessing a firearm in furtherance of a violent crime under 18 U.S.C. §924(c)?

On April 15, 2013, brothers Levon Dean, Jr. (“Dean”) and Jamal Dean (“Jamal”), as well as some friends, were involved in an armed robbery of a drug dealer. On that day, Jessica Cabbell, a prostitute, had a “date” planned with J.R., a methamphetamine and marijuana dealer, at a motel in Sioux City, Iowa. See United States v. Dean, 810 F.3d 521, 525 (2015). According to Cabbell’s friend Sarah Berg, J.R.

Written by

Edited by

Additional Resources

Submit for publication
0

Coventry Health Care of Missouri, Inc. v. Nevils

Issues

Does the Federal Employees Health Benefits Act (“FEHBA”) preempt state anti-subrogation law and does 5 U.S.C. § 8902(m)(1) violate the Supremacy Clause? 

The Supreme Court will decide whether § 8902(m)(1) of the Federal Employees Health Benefits Act (“FEHBA”) allows insurance companies to collect reimbursements from the insured after personal injury claims or whether a “presumption against preemption” allows state anti-subrogation laws to prevail.  Petitioner Coventry Health of Missouri, Inc. argues that FEHBA unambiguously preempts state anti-subrogation laws; preemption comports with the Supremacy Clause; and the Office of Personnel Management’s new final rule, codified in § 8902(m)(1), should be granted Chevron deference. In contrast, Respondent Jodie Nevils argues that FEHBA’s language is ambiguous; Chevron deference does not apply; and allowing preemption of state anti-subrogation law violates the Supremacy Clause by encroaching on law traditionally left to the states to regulate. This case will clarify the potential for state anti-subrogation law preemption to influence the cost of health care coverage for FEHBA plan enrollees and will address federalism concerns regarding the balance of power between the federal government and the states for the administration and provision of health insurance to federal employees. 

Questions as Framed for the Court by the Parties

The Federal Employees Health Benefits Act (“FEHBA”), 5 U.S.C. § 8901 et seq., governs the health benefits of millions of federal workers and dependents, and authorizes the Office of Personnel Management (“OPM”) to enter into contracts with private insurance carriers to administer benefit plans. FEHBA expressly “preempt[s] any State or local law” that would prevent enforcement of “[t]he terms of any contract” between OPM and a carrier which “relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits).” In a 2015 regulation, OPM codified its longstanding position that FEHBA-contract provisions requiring carriers to seek subrogation or reimbursement “relate to . . . benefits” and “payments with respect to benefits,” and therefore FEHBA preempts state laws that purport to prevent FEHBA insurance carriers from pursuing subrogation and reimbursement recoveries. 5 C.F.R. § 890.106(h). Expressly disagreeing with multiple federal circuits and state appellate courts, the Missouri Supreme Court nevertheless construed FEHBA not to preempt state laws—explicitly refusing to accord any deference to OPM’s regulation. A majority of the court further concluded that Section 8902(m)(1) violates the Supremacy Clause of the U.S. Constitution. The questions presented are:

  1. Whether FEHBA preempts state laws that prevent carriers from seeking subrogation or reimbursement pursuant to their FEHBA contracts.
  2. Whether FEHBA’s express-preemption provision, 5 U.S.C. § 8902(m)(1), violates the Supremacy Clause. 

In 2006, Respondent Jodie Nevils, a federal employee working for the United States Postal Service, was injured in a car accident. See Brief for Respondent, Jodie Nevils at 11. Nevils was covered by a health insurance plan through the petitioner Coventry Health Care of Missouri, Inc.

Written by

Edited by

Additional Resources

Submit for publication
0

Hernández v. Mesa

Issues

Should the availability of constitutional rights for aliens not on United States soil turn on practical factors beyond the formal geographic location of international borders and, if so, may an alien injured on foreign territory by an officer standing in the United States bring a Bivens claim? Additionally, may a federal officer’s conduct be shielded by qualified immunity based on facts unknown to the officer at the time of his conduct?

In this case, the Supreme Court will decide whether the Constitution allows parents of a Mexican citizen with no significant ties to the United States to sue a U.S. Border Patrol Agent who shot and killed their son on the Mexican side of the culvert separating the two countries while the agent was standing in the United States. The parents of the deceased teen argue that the Court should extend extraterritorial jurisdiction for practical reasons, that the border patrol agent should not be shielded by qualified immunity because he did not know the facts necessary to justify his force at the time he used it, and that the Court should allow them to bring a Bivens claim because it is the only available remedy. The border patrol agent counters that the Court should not extend jurisdiction to an area not under U.S. control, that he should be shielded by qualified immunity because a reasonable officer in his circumstances could have inferred the facts necessary to justify his use of force, and that the family is not entitled to bring a Bivens claim because the rights they claim were not clearly established at the time he acted. To the parents, defeat would foreclose any possibility to recover; to the Government, defeat would obstruct its foreign operations by implicating Fourth Amendment concerns in international security operations. 

Questions as Framed for the Court by the Parties

1. Does a formalist or functionalist analysis govern?

2. May qualified immunity be granted or denied based on facts—such as the victim’s legal status—unknown to the officer at the time of the incident?

3. May the claim in this case be asserted under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971)?

On June 7, 2010, a group of Mexican teenagers were playing below a bridge leading to the United States border—in a channel that separated Juarez, Mexico and El Paso, Texas. See Hernández v. Mesa, 757 F.3d 249, 255 (5th Cir. 2014); Brief for Petitioners, Jesus C. Hernández et al.

Written by

Edited by

Additional Resources

Submit for publication
0

McLane Co. v. EEOC

Issues

Should a circuit court show deference to a district court’s decision to quash or enforce an EEOC subpoena?

When a federal district court makes a determination regarding whether to quash or enforce a subpoena, that decision is subject to appeal at the circuit court level. A circuit court can review a district court’s decision either deferentially or de novo. If a circuit court engages in deferential review, it will only overturn a district court’s decision if it determines that the district court abused its discretion in the matter. On the other hand, if a circuit court engages in de novo review, it will assess the factual evidence of the case and make a legal determination without regard for the findings by the court below. McLane Company, Inc. argues that a circuit court hearing an appeal from a district court’s decision to quash an Equal Employment Opportunity Commission (“EEOC”) subpoena should review the decision below deferentially. The EEOC argues, however, that a circuit court in that situation should instead review the decision de novo. The outcome of this case will impact the course of future EEOC litigation. 

Questions as Framed for the Court by the Parties

Whether a district court’s decision to quash or enforce an EEOC subpoena should be reviewed de novo, which only the Ninth Circuit does, or should be reviewed deferentially, which eight other circuits do, consistent with this Court’s precedents concerning the choice of standards of review.

In 2007, Damiana Ochoa took maternity leave from her job at McLane Company, Inc. (“McLane”). EEOC v. McLane Co., No. 13-15126, at 4 (9th Cir. Oct. 27, 2015). Upon attempting to return to work, McLane informed Ochoa that she was required to pass the physical capability strength test.

Written by

Edited by

Additional Resources

Submit for publication
0

Kindred Nursing Centers v. Clark

Issues

Does the Federal Arbitration Act preempt a state-law contract rule that requires a power of attorney to expressly refer to arbitration agreements before an attorney-in-fact can bind her principal to such an agreement? 

The Court must consider whether federal law preempts state law regarding arbitration clauses in powers-of-attorneys. Kindred Nursing Centers argues that state law, which requires principals to explicitly authorize an agent to enter into arbitration agreements, violates the Federal Arbitration Act. Contrarily, Janis E. Clark and Beverly Wellner argue that state law governs contract formation and that state law requires powers-of-attorneys to adhere to the expressed intentions of the principal in a contract. The case will determine whether powers-of-attorney must explicitly grant the agent the power to bind the grantor to an arbitration agreement and may impact elder care and estate planning practices across the United States.

Questions as Framed for the Court by the Parties

Whether the Federal Arbitration Act preempts a state-law contract rule that singles out arbitration by requiring a power of attorney to expressly refer to arbitration agreements before the attorney-in-fact can bind her principal to an arbitration agreement.

Petitioners Kindred Nursing Centers et al. (“Kindred Nursing”) operate nursing homes and rehabilitation centers, including the Winchester Centre for Health and Rehabilitation. See Kindred Nursing Centers v. Clark, 478 S.W.3d 306 (Ky. 2015). Respondents Janis E.

Written by

Edited by

Additional Resources

Submit for publication
0

Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission

Issues

Does a court violate the First Amendment when it considers issues pertaining to teacher employment in a religious organization where the teacher serves both secular and religious functions?

 

Respondent Cheryl Perich taught for five years at Petitioner, Hosanna-Tabor Evangelical Lutheran Church and School (“Hosanna-Tabor”), including four years as a commissioned minister. In 2004, Hosanna-Tabor hired a new teacher to fill Perich’s position after Perich missed several months of teaching due to narcolepsy. When Hosanna-Tabor did not permit Perich to return to her former position, Perich threatened to sue under the Americans with Disabilities Act (“ADA”). Hosanna-Tabor fired Perich, and Perich initiated legal proceedings with the Respondent Equal Employment Opportunity Commission (“EEOC”), alleging that Hosanna-Tabor fired her in retaliation for threatening to sue. Hosanna-Tabor argues that the ministerial exception to the ADA, which prevents employment suits against religious entities by their religious employees, bars Perich's lawsuit because she fulfilled an important religious role. Perich and the EEOC contend that there is no ministerial exception under the anti-retaliation provisions of the ADA, and that the Establishment Clause, freedom of association principles, and Free Exercise Clause do not bar her suit. The United States Court of Appeals for the Sixth Circuit determined that Perich did not fall under the ministerial exception because she taught secular subjects with minimal religious components. The Supreme Court will decide whether the ministerial exception applies to a teacher at a religious school who teaches both secular and religious material.

Questions as Framed for the Court by the Parties

Whether the ministerial exception applies to a teacher at a religious elementary school who teaches the full secular  curriculum,  but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.

Hosanna-Tabor Evangelical Lutheran Church and School (“Hosanna-Tabor”) is a religious school in Redford, Michigan that teaches kindergarten through eighth grade. See EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School597 F.3d 769, 772 (6th Cir.

Written by

Edited by

Additional Resources

Submit for publication
0
Subscribe to