COURT OF CRIMINAL APPEALSPDRs Granted in August 20010594-01 ADAME, BOBBY 08/01/01 S Hill Aggravated Robbe~y(037///141)1. <strong>The</strong> Court of Appeals erred in holding that the evidence waslegally insufficient to support the juty's finding of the use of a deadlyweaponin connectionwiththerobbery. Is there a requirement that thestate show that the "BB" gun was actually loaded to prove the "use ofa deadly weapon" under Penal Code 3 1.07(A) (17)?0632-01 BOGPT, JAMES 08/01/01 S Bexar Criminal Mischief(040///624)1. Did the Coua ofAppeals err to hold that a defendantwas entitledto a seKdefense instluction wlm he was not eha.qed with an offensernvolving the use of force against another?0733-01 CUELIAR, RUDY VALENTINO 08/01110 1 Val VerdeUnlawful Possession of Pirearm by Felon (040//U24)1. In a prosecution for the offense of felon in possession of afirearm, can a prior felony conviction for which the defei~dant wasgranted probation, and at the completion of the probationary period,the indictment was dismissed and the defendaut was released from allpenalties and disability resulting from the conviction, seme as theunderlying felony comiction?ISSUES GRANTED AND PENDINGIN SUPREME COURTArgun~entscheduled for October 2001:No. 00-6933, Lee, Remoll e Kemma, Sup!., CrossroadsCorrectianalCenter, 8th Cir. (213 E2d 1037)1. Did the 8" Circuit err by &rming the district court's denial ofa petition for habeas corpus because a defendant's due process rightsurere violated wl~en the ttial court refused to graut 11h1 a 19-hour continuanceto contact his three subpoenaed alibi witnesses uho uncxpectedlydid not regurn after a lunch break?2. Should a habeas corpus hearing have been held to at least considerthe testimony of the alibi witoesses?3. Has Lee m& a substantid shou~g of actual im~ocence, for hisalibi witnesses to be explored furtl~er to preveut a fundamental miscarriageof justice?No. 00-0957, Kansas \! Cme, Michael, from %mas Surpenw COIII~(7 P3d 285)Does the 14x Amendment's due prom clause require a state toprove that a sexually violent predator " mot control" his criminalsexual behavior before the state can civilly commit him for residentialcare and trstment?Arguments scheduled for November 2001:No. 00-9285, Walter Mlckens, Jr. %! Warden Taylor, 41hCircuit (240E3d 348) (capital murder)Did the Court of Appeals err in holding that a defendant must showan actual confuct of interest and an adverse effect in order to establisha SiBh Amendment violation where a trial coud fails to inquire into apotential confuct of interest about which it reasonably should havehownlNo 00-973, United States v. Alphonso Vonn, 9h Circuit (224 R3d1152)1. WheUler adistrict court's failure to ause a counseled defendantat his guilty plea hmhg that he has the tight to the assistance of counselat Mal, as required by Federal Rule of Criolinal Procedurell(c)(3), is subject to plain-error, rather than harmless-error, reviewon appeal wlmtl~e defendant fails to preseme the claim of error in thedistrict court.2. Whether, in determining if a defendant's subsrantial ~ights weredected bya district court's deviation from tl~erequiremeuts of FedentlRule of Crirnind Procedure 11 (c) (3), the coua of appeals may reviewonly the tlanscript of the guilty plea colloquy, or whether it may alsoconsider other pairs of the official recordNo. 00-1260, United States e Mark James fights, 9~ Circuit (219E3d 1138)Whether respondent's agreement to a tem of probation thatauthorized any law enforeenlent officer to search his person or pemniseswith or without a walrwt, and with or without iudkidualized suspicionof wrongdoing, constituted a valid consent to a search by a lawenforcement officer investigating cri~nes.Cat. Granted but Argcunent not yet scheduled:No. 00-8727, Ernest P McCamer v. North Carolina, Supreme Co11rtof North Carolina (capital omrder)Whether signihnt objective evidence demo~~strates that nationalstandards ha\% evolved such Illat execwing a mcntdly retarded manwould violate the 81hAnlendn~ent prohibition against cruel and unusnalpunislmeut.No, 00-1187, avid R. McKune, Waden, el al., v. Robert G. He,10th Circuit (224 E3d 1175)Does the revocatron of correctional institution privileges violate the5Ih hendn~ent's p~ivilege against sex-incrimination wl~cn the prison-32 VOICE FOR THE DEFENSE W.TCDM.COM OClOBER 2001
er has no liberty interest in the lost privileges and such revocation isbased upon the prisoner's failu~e to accept responsibility for thiscrimes a part of a sec offender treatment program?***Both the Supreme Court and CCA were still an summer brakwhen this issue was prepared. HNo. 00-1519, United States v. Ralph Ariw, 9" Circuit1. Whether the court of appeals er~*oneously departed from thetotality-of-the-eircumstanu~s test that governs reasonable-suspiciondetermhtions under the Fourth Amendment by holding that sevenfacts observed by a law enforcement oBcer were entitled to no weightand could not be cansidered as a matter of law.2. Whether, under the lotaliq-of-the-circumstances test, the BorderPatrol agent in this mehad reasonable suspicion that justfied a stopof avehide near the Mexican border.No. 00-9280, WilJiam Kelly v. South Carolina, Supreme Court ofSouth Camlina (540 S.E.2d 851) (capital murder)Did the trial judge's rebsal to inform a capital defendant's sentencingjury that he woltld never be eligible for parole if the july sentencedhim fo life imprisonment, mthcr than to death, violate Mmmons v.South Carolina, 512 U.S. 154 (1994)?<strong>The</strong> menlioned abwa aresyaopsas of opinions of Le appeals muns lmdSignilileaM Dwiiionr Repert wasrepomd byCynthia 1. Hamplon, Edmr Mke Chados Assislant Ediior1Weinnte ailmmmeots andconst~lvwilidsmfrom our membersandVoles for fhe <strong>Defense</strong> readwsPLEASE E-MAIL OR FAXJohn Canoil- WIICEEdiior .)canol!@ihemail.wm.210-829 0734<strong>The</strong>SORS pnnlmg mst afunded hy<strong>The</strong> Juddd BCoonTaining Fund andadminislared by theTexas Cwn of CfiminalAppeals