The Supreme Court will hear oral arguments today in two criminal cases.
In Devenpeck v. Alford, the issue presentend is whether a police officer violates the 4th Amendment when he arrests a suspect citing an offense for which he does not have probable cause, if the officer does in fact have probable cause to arrest based on another offense that is not closely related to the offense articulated to the suspect. For more, click here.
In Shepard v. U.S., the issue is whether in a case in which the defendant has previously pleaded guilty to aburglary charge brought under a nongeneric statute, the sentencingcourt imposing a mandatory minimum sentence under the Armed CareerCriminal Act is bound by the categorical method of applicationenunciated in U.S. v. Taylor, 495 U.S. 575 (1990) or should insteadconduct an inquiry – including an evidentiary hearing – into the factsunderlying the conviction, to determine whether, in the guilty pleaproceeding, both the defendant and the government believed that genericburglary was at issue? For more, click here.
Mark Godsey