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SCOTUS Gun Watch – Week of 12/14/20

By on December 14, 2020 Categories: ,

The big news out of last Friday’s conference is that the Court denied cert this morning in the Torres case. That was the first direct Second Amendment case to confront the new Court with Justice Barrett at full capacity. The issue was the same one on which she had written as a circuit judge in Kanter, so the lack of any noted dissent in the denial may be some evidence that there are still not five justices who agree on the disposition of these types of cases. Until briefing is complete on the Holloway case in late January of next year, the Court doesn’t have another square Second Amendment case to confront. And since Holloway raises basically the same question as Torres, it may yet be a while before the Supreme Court has a Second Amendment case it wants to take.

Case Ct. Below Pet. Filed Implicated Law/Issue Status
Rodriguez v. San Jose

(19-1057)

9th Cir. 21-Feb-20 Warrantless search and seizure of firearms under Fourth Amendment Cert Denied
Johnson v. United States

(19-1390)

4th. Cir. 12-Jun-20 Vagueness challenge to the Armed Career Criminal Act’s elements clause Cert Denied
Zoie H. v Nebraska

(19-1418)

Neb. Sup. Ct. 22-June-20

 

Second and Sixth Amendment challenge to jury-less conviction that can result in gun disqualifer for juveniles Cert Denied
Caldara v. City of Boulder

(20-416)

10th Cir. 24-Sep-20 Federal court abstention over Second Amendment claims being adjudicated in state court Cert Denied
Caniglia v. Strom

(20-157)

1st Cir. 10-Aug-20 Fourth Amendment challenge to gun removal Cert Granted
Hobbs v. United States

(20-171)

6th Cir. 13-Aug-20 Guilty plea under 922(g) without knowledge of disqualifying status

 

conf. to be rescheduled
Torres v. United States

(20-5579)

9th Cir. 27-Aug-20 As-applied challenge to 922(g)(1) Cert Denied
United States v. Gary

(20-444)

4th Cir. 5-Oct-20 Guilty plea under 922(g) without being informed that knowledge is an element of the offense

(Govt is petitioner)

reply due @ 22-Dec-20
E.H. v. Florida Dept. Ag. (Pro se)

(20-627)

Fla. Ct. App. 9-Oct-20 Challenge to firearm license denial based on prior mental health commitment distributed for 8-Jan-2021 conf.
Porter v. United States

(20-522)

6th Cir. 16-Oct-20 Challenge to ACCA enhancement distributed for 8-Jan-2021 conf.
Yoo v. United States

(20-550)

5th Cir. 21-Oct-20 Challenge to conviction based on misstatements on Form 4473 (req’d for purchase at a gun dealer) Cert Denied
Holloway v. Barr

(20-782)

3d Cir. 3-Dec-20 As-applied challenge to 922(g)(1) response due 7-Jan-201