Justices grant review in Armed Career Criminal Act cases

Posted Mon, April 23rd, 2018 10:29 am by Amy Howe

This morning the Supreme Court extra two new instances, consolidated for one hour of oral argument, to its docket for following time period. Today’s grants mean that the justices will after all over again grapple with the Armed Occupation Criminal Act, which involves more time sentences for repeat offenders who commit crimes with guns and have been convicted of possibly violent felonies or significant drug crimes. The statute defines a violent felony as a criminal offense that is “burglary, arson, or extortion, entails use of explosives, or or else entails perform that provides a significant likely risk of bodily injury to yet another.” The ACCA does not specially outline what constitutes a “burglary,” but approximately 30 years back the Supreme Court defined the time period to consist of crimes involving illegal or unauthorized entry into a “building or structure” with the intent to commit a criminal offense. In United States v. Stitt and United States v. Sims, the justices will think about no matter whether the theft of a “nonpermanent or cell structure” – these as a cell house, trailer or tent – that is adapted for someone to keep in it overnight qualifies as a “burglary” for applications of the ACCA. The instances will pretty much undoubtedly be argued in the fall.

The justices also requested the U.S. solicitor standard to weigh in on two issues presented in a patent circumstance, EVE-United states v. Mentor Graphics Corporation. The to start with question goes to the scope of a patent-law doctrine identified as “assignor estoppel,” which bars someone who assigns the rights to a patent from defending an infringement lawsuit on the floor that the patent is invalid. The 2nd question entails how to apportion misplaced income attributable to patent infringement. There is no deadline for the solicitor standard to respond to the court’s invitation.

The justices after all over again did not rule on Azar v. Garza, in which the federal government has requested them to nullify a ruling by the U.S. Court of Appeals for the D.C. Circuit that cleared the way for a pregnant teen to get an abortion. The federal government submitted its petition in November considering the fact that then, the justices have considered the circumstance at quite a few conferences and received the reduce-court documents, but they have however to act on the government’s petition.

The justices will satisfy all over again for their following non-public meeting on Friday, April 27.  We be expecting orders from that meeting on Monday, April 30, at 9:30 a.m.

This post was originally posted at Howe on the Court.

Posted in U.S. v. Stitt, U.S. v. Sims, EVE-United states v. Mentor Graphics Corp., Highlighted, What is Taking place Now

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