Petition of the day
on Nov 30, 2017 at 7:19 pm
The petition of the day is:
Issues: (1) Whether the Supreme Court’s decision in Heck v. Humphrey bars actions under 42 U.S.C. § 1983 when the writ of habeas corpus was not available as a federal constitutional collateral attack on a state criminal conviction, as six circuits have held; or whether Heck v. Humphrey bars actions under 42 U.S.C. § 1983 regardless of habeas corpus availability, as the U.S. Court of Appeals for the 11th Circuit held here, and four other circuits have held; and (2) whether a juvenile adjudication noting a violation of a criminal statute constitutes a criminal conviction triggering the Heck v. Humphrey bar when state law expressly states that juvenile adjudications are not criminal convictions, and juveniles are not afforded basic constitutional protections required for criminal proceedings.
