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Mitchell Jagodinski

15 Articles
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PETITIONS OF THE WEEKRelist Watch

Fallout from McGirt and testimony about future crimes

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a direct challenge to the court’s ruling in McGirt v. Oklahoma, a confrontation clause question involving statements about possible future crimes, and a split over the scope of who is covered by the qualified immunity doctrine.

ByMitchell Jagodinski/Aug 21, 2021
PETITIONS OF THE WEEKRelist Watch

Religious liberty and patent validity

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the autonomy of faith-based nonprofits to hire only candidates who share their religious beliefs, and Apple’s attempt to shake up the process for contesting patent validity by expanding the jurisdiction of federal courts to hear appeals.

ByMitchell Jagodinski/Aug 13, 2021
PETITIONS OF THE WEEKRelist Watch

Intervention in Title IX proceedings and unlawful disclosures under the Privacy Act

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the necessary burden that must be met to intervene in litigation on the side of the government, and the showing required to establish traceability for Article III standing, under the Privacy Act, when government officials make improper disclosures to third parties.

ByMitchell Jagodinski/Jul 30, 2021
PETITIONS OF THE WEEKRelist Watch

High-speed pursuit liability and other questions surrounding police activities

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the proper standard of liability applied to police high-speed driving incidents, the relevance of training and law enforcement policies in qualified-immunity cases, and whether the First Amendment protects the right to record police officers carrying out their official duties in public spaces.

ByMitchell Jagodinski/Jul 23, 2021
PETITIONS OF THE WEEKRelist Watch

Sentencing questions raising constitutional concerns

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the use of acquitted conduct in sentencing decisions, when a sentencing court must consider a defendant’s juvenile status as a mitigating factor, and compassionate release under the First Step Act.

ByMitchell Jagodinski/Jun 25, 2021
PETITIONS OF THE WEEKRelist Watch

Evaluating police shootings and clarifying the harmless-error rule

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, how appeals courts should apply the “harmless error” rule in criminal cases, and whether police officers’ use of force can violate the Fourth Amendment if the force, viewed in isolation, was reasonable but the necessity to use force was created by the officers’ own deliberate or reckless action.

ByMitchell Jagodinski/Jun 19, 2021
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