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Criminal Law

: Harmful Error

US Supreme Court grants cert. in 2 cases

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Via Scotusblog, he United States Supreme Court granted certiorari this morning in two cases: United States v. Hayes - Whether, to qualify as a "misdemeanor crime of domestic violence" under 18 USC 922(g)(9), the offense must have as an element a domestic relationship between the offender and the victim. Pearson v. Callahan - whether the Court should overrule the 2001 decision in Saucier v. Katz. Pearson involves a police search of a home without a warrant. In Saucier, the Court set forth a two-step procedure for analyzing claims by police and other government officials for immunity to civil rights lawsuits: the Court first determines whether there was a violation of a constitutional right and, if there was, determines whether it was "clearly established" at the time of the incident...continue to full post

Full post as published by Harmful Error on March 24, 2008 (boomark / email).

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