Proving the Prior Conviction-Hot Pursuit
From OCDLA Library of Defense
This wikilog article is a draft, it was not published yet.
by: Ryan • December 5, 2012 • no comments
SCOTUSblog lists a number of petitions for cert that have a reasonable chance of getting a hearing on the merits. This one looks interesting:
Issue: (1) Whether an abstract of judgment, which is prepared by a court clerk for sentencing purposes after a defendant's guilty plea and without the defendant's input, quali?es as a conclusive record made or used in adjudicating guilt suf?cient to determine the nature of a prior conviction under Shepard v. United States; and (2) whether a burglary conviction in a state that does not require an unlawful or unprivileged entry can be considered a crime of violence under Leocal v. Ashcroft, when it is not a violent felony under Taylor v. United States.
The only other criminal case on the list presents the following issue:
Issue: (1) Whether the hot pursuit exception to the warrant requirement is contingent on a subjective determination of pursuit; and (2) what constitutes a serious offense for purposes of dispensing with the warrant requirement; and what test or tests is proper to determine when warrantless entry is permissible.
