The below facts are all derived from the amended opinion of the Ninth Circuit Court of Appeals. Collins v. Rice, 365 F.3d 667, 673 (9th Cir. 2004). During the process of jury selection for Collins’s trial, the prosecutor used peremptory...
due process
(LIIBULLETIN preview)
In 1998, sixteen-year old Marcus Lee was fatally shot. See Brief for Respondent, Illinois at 1. Respondent the State of Illinois ("the State") charged Petitioner Michael Rivera with first degree murder. See id. The State alleged that Rivera, an alleged...
(LIIBULLETIN preview)
In 2007, Chantell and Michael Sackett purchased an undeveloped, residential plot in a subdivision near Priest Lake, Idaho. See Brief for Petitioners, Chantell and Michael Sackett at 6; see Brief for Respondent, Environmental Protection Agency ("EPA")...
(LIIBULLETIN preview)
In 1981 the City of San Francisco ("the City") enacted its first Hotel Conversion Ordinance ("HCO"). The San Remo Hotel v. City and County of San Francisco, 145 F.3d 1095, 1099 (9th Cir.1998) ("San Remo I"). The HCO was designed to stop the depletion...
(LIIBULLETIN preview)
Santos-Zacaria, a transgender woman from Guatemala, was assaulted at the age of 12, in part due to her sexuality. Santos-Zacaria v. Garland at 2. Santos-Zacaria traveled to the United States and began the process of seeking asylum a few years after the...
(LIIBULLETIN preview)
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...
(LIIBULLETIN preview)
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...
(LIIBULLETIN preview)
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...
(Wex page)
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...