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R. v Brown, England and Wales Court of Appeal (Criminal Division) 2023

The appellant had pleaded guilty to one count of witness intimidation and was convicted of assault occasioning actual bodily harm and putting a person in fear of violence by harassment. These were all committed against the woman that the appellant had been in a relationship with. In total, the appellant was given a sentence of five years' imprisonment, which were consecutive sentences of 21 months for the assault, 12 months for the harassment and 27 months for the witness intimidation. The appeal related to the sentence and whether it was excessive.

R. (on the application of GA) v Secretary of State for the Home Department, England and Wales High Court (Administrative Court) 2021

A mother and her children, who were all British citizens living abroad, sought judicial review of a refusal by HM Passport Office (“HMPO”) to process passport applications for three of the children. The children's father was from "Country X". The mother moved there when they married, and the children were born and habitually reside there. The father was prosecuted for severe domestic violence and abuse of the mother.

女职工劳动保护特别规定 (Special Rules on the Labor Protection of Female Employees 2012)

On April 28, 2012, the State Council of China issued the Special Rules on the Labor Protection of Female Employees (the “Rules”). These Rules aim to reduce and address the difficulties encountered by women at work due to sex-based physical differences and to protect women’s health. The Rules require employers to improve the labor safety facilities and reduce health concerns.

中华人民共和国刑法第二百四十六条 (Article 246 Criminal Law of the People’s Republic of China 2020)

Article 246 of the Criminal Law of the People’s Republic of China (2020) specifies the penalties for those who publicly insult others, or defame others by fabricating information. In the model cases against cyberviolence and crimes released by the Supreme People’s Court on September 25, 2023, Article 246 was used as the basis for two model cases involving defamation of character and revenge porn.

未成年人保护法 (Law of the People’s Republic of China on Protection of Minors 2020)

The Law on Protection of Minors was enacted to protect the physical and mental health of minors and to ensure their legal rights and interests. Article 3 of the Law stipulates that minors shall have the right to survival, development, protection, and participation and that minors, regardless of gender, shall enjoy these rights equally under the law.

Perttu v. Richards

Issues

In cases under the Prison Litigation Reform Act, do prisoners have a right to a jury trial concerning whether they have exhausted alternative non-legal remedies when the facts required to prove exhaustion are connected to the merits of the claim?

This case concerns the right to a jury trial under the Prison Litigation Reform Act (PLRA). Specifically, the PLRA requires prisoners to exhaust all administrative remedies before filing suit. Kyle Richards argues that, when the facts needed to demonstrate exhaustion are the same facts which support the merits of his claim, the PLRA requires a jury trial to resolve these disputed facts. Richards asserts that allowing a judge to evaluate the facts of the exhaustion claim and dismiss his case would deprive him of his Seventh Amendment right to a jury trial on the merits of the case, since the facts underpinning the merits and exhaustion are the same. Thomas Perttu counters that exhaustion is a threshold requirement which plaintiffs must meet before reaching a jury trial on the merits, and it is thus proper for a judge to evaluate exhaustion and gatekeep PLRA cases from reaching a jury. This case will affect litigation under the Prison Litigation Reform Act, define exhaustion’s place as a doctrine of law or equity, and heavily impact the role of the jury in future disputes.

Questions as Framed for the Court by the Parties

Whether, in cases subject to the Prison Litigation Reform Act, prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim.

Under the Prison Litigation Reform Act (“PLRA”), a prisoner must exhaust available administrative remedies before filing suit on Constitutional rights claims. Richards v. Perttu at 917. Several circuit courts have affirmed that “administrative exhaustion” requires prisoners to properly go through all steps that an agency holds out. Id.

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Gutierrez v. Saenz

Issues

For Article III standing purposes, does Ruben Gutierrez have a redressable injury if it is not clear that a declaratory judgment in his favor would allow him to access the DNA evidence he seeks?

This case asks the Court to determine if Ruben Gutierrez has Article III standing to seek a declaratory judgment in federal court stating that Texas’ denial of access to DNA evidence violates his constitutional rights. Gutierrez contends that he has standing to seek this declaratory judgment because it would significantly increase the likelihood that the prosecutor would subsequently grant him access to the DNA evidence he seeks. Saenz contends that Gutierrez lacks standing because a declaratory judgment would not affect the state’s refusal to grant Gutierrez access to the DNA evidence. This case touches upon the role of the states and the federal government in protecting fundamental rights.

Questions as Framed for the Court by the Parties

Whether Article III standing requires a particularized determination of whether a specific state official will redress the plaintiff’s injury by following a favorable declaratory judgment.

Ruben Gutierrez was convicted of capital murder in 1999 for the murder of Escolastica Harrison and was sentenced to death in Texas state court. Gutierrez v. Saenz at 1. Harrison lived in a mobile-home park in Brownsville, Texas with her nephew, who was a friend of Gutierrez.

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Esteras v. United States

Issues

When determining whether to revoke supervised release, does a district court commit error if it relies on 18 U.S.C. § 3553(a)(2)(A)’s sentencing factors despite their absence from 18 U.S.C § 3583(e)’s enumerated list?

This case asks the Court to determine whether a district court presiding over a revocation hearing under 18 U.S.C. § 3583(e) may consider the factors listed in 18 U.S.C. § 3553(a)(2)(A) despite their absence from Section 3583(e)’s enumerated list. Section 3553(a)(2)(A)’s sentencing factors include reflecting the seriousness of the offense, promoting respect for the law, and providing just punishment for the offense. Petitioner argues that Section 3583(e)’s list is exhaustive, and omission of the Section 3553(a)(2)(A) factors precludes a district court from considering them to determine revocation of supervised release. Respondent counters that the consideration factors set out in Section 3583 are not exhaustive, and the factors in Section 3553 may be relied upon by a district court when determining the modification or revocation of supervised release. This case touches on important questions regarding the purpose of supervised release, a court’s discretion to revoke and reimprison violators, and the impact that judicial discretion has on the carceral system.

Questions as Framed for the Court by the Parties

Whether, even though Congress excluded 18 U.S.C. § 3553(a)(2)(A) from 18 U.S.C. § 3583(e)’s list of factors to consider when revoking supervised release, a district court may rely on the Section 3553(a)(2)(A) factors when revoking supervised release.

In 1984, through the Sentencing Reform Act (codified at 18 U.S.C. § 3583), Congress abolished the federal parole system and created a new form of post-imprisonment supervision called supervised release. 18 U.S.C.

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