Petitions of the week – SCOTUSblog

Posted Tue, October 30th, 2018 10:44 am by Aurora Barnes

This week we highlight petitions pending before the Supreme Court that address the requirements a defendant must satisfy to establish a violation of Brady v. Maryland, the application of United States v. Salerno to deny bail to an arrestee when a judge finds clear proof the arrestee committed sexual assault, and the classification of patent eligibility as a question of law or a question of fact.

The petitions of the week are:


Issues: (1) Whether the Arizona Supreme Court erred in holding that United States v. Salerno prohibits a state from denying bail to an arrestee when a judge, after a full adversarial hearing, finds clear proof that the arrestee committed sexual assault; and (2) whether the Arizona Supreme Court erred in joining a growing number of jurisdictions that hold a statute facially unconstitutional even if it is capable of constitutional application in some circumstances.


Issue: Whether, to establish a violation of Brady v. Maryland, a defendant must show that he did not know of the evidence suppressed by the government and could not have obtained it with reasonable diligence.


Issue: Whether patent eligibility is a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of the art at the time of the patent.

Posted in Arizona v. Goodman, Yates v. U.S., HP Inc. v. Berkheimer, Cases in the Pipeline

Recommended Citation:
Aurora Barnes,
Petitions of the week,
SCOTUSblog (Oct. 30, 2018, 10:44 AM),


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