Petitions of the week
on Oct 30, 2018 at 10:44 am
This week we highlight petitions pending before the Supreme Court that address the requirements a defendant must satisfy to establish a violation of Brady v. Maryland, the application of United States v. Salerno to deny bail to an arrestee when a judge finds clear proof the arrestee committed sexual assault, and the classification of patent eligibility as a question of law or a question of fact.
The petitions of the week are:
Issues: (1) Whether the Arizona Supreme Court erred in holding that United States v. Salerno prohibits 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 of Brady 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.
