Petitions of the week
This week we highlight petitions pending before the Supreme Court that address the requirements a defendant must satisfy to establish a violation ofBrady v. Maryland, the application ofUnited States v. Salernoto deny bail to an arrestee when a judge finds clear proof the arrestee committed sexual assault, andthe classification of patent eligibility as a question of law or a question of fact.
Thepetitions of the week are:
Issues:(1) Whether the Arizona Supreme Court erred in holding thatUnited States v. Salernoprohibits a state from denying bail to an arrestee when a judge, after a full adversarial hearing, finds clear proof that the arrestee committed sexual assault; and (2) whether the Arizona Supreme Court erred in joining a growing number of jurisdictions that hold a statute facially unconstitutional even if it is capable of constitutional application in some circumstances.
Issue:Whether, to establish a violation ofBrady v. Maryland, a defendant must show that he did not know of the evidence suppressed by the government and could not have obtained it with reasonable diligence.
Issue:Whether patent eligibility is a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of the art at the time of the patent.
Posted in Cases in the Pipeline
Cases: Arizona v. Goodman, Yates v. United States, HP Inc. v. Berkheimer