Monday, October 20, 2014

From Dan Hansmeier, AFPD in the KCK office, more cert.grant updates: 

Rodriguez v. United States (No. 13-9972)

Whether an officer may extend an already completed traffic stop for a canine sniff without reasonable suspicion or other lawful justification?
And most of us thought that it would be frivolous to challenge a dog sniff of an automobile. Apparently not. An interesting issue raised by the Nebraska FPD. Cert. was granted just this month. 

Ohio v. Clark (No. 13-1352)

(1) Whether an individual's obligation to report suspected child abuse makes that individual an agent of law enforcement for purposes of the Confrontation Clause; and (2) whether a child's out-of-court statements to a teacher in response to the teacher's concerns about potential child abuse qualify as “testimonial” statements subject to the Confrontation Clause. 

It is rumored that Ohio will change its motto to The Confrontation Clause State. Everyone should read the lower court opinion in this case. 

Mellouili v. Holder (13-1034)

Whether, to trigger deportability under 8 U.S.C. § 1227(a)(2)(B)(i), which provides that a noncitizen may be removed if he has been convicted of violating “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of Title 21) . . . ,” the government must prove the connection between a drug paraphernalia conviction and a substance listed in section 802 of the Controlled Substances Act?

If you just understood what you read, you are doing better than me. But the interesting thing about this case is that it involves a prior Kansas conviction. And, when we get an opinion, there may be some discussion about everyone's favorite tool of statutory interpretation: the categorical approach. Here is the underlying opinion.

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