Petitions of the Day

Petitions of the DayThe petitions of the day are: Brown v. Haas 16-1373 Issues: (1) Whether a twenty-five month delay, during which the government negligently forgot about the defendant and lost important evidence, gives rise to a presumption of prejudice under Doggett v. United States; and (2) whether, to establish actual prejudice, a defendant must merely show that his defense was […]

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Petitions of the Day

The petitions of the day are:

16-1373

Issues: (1) Whether a twenty-five month delay, during which the government negligently forgot about the defendant and lost important evidence, gives rise to a presumption of prejudice under Doggett v. United States; and (2) whether, to establish actual prejudice, a defendant must merely show that his defense was impaired as a result of the delay (as the Supreme Court, along with the U.S. Court of Appeals for the 9th, 10th, and 11th Circuits have held), or whether he must effectively demonstrate a likelihood that the outcome at trial would have been different but for the delay (as the U.S. Court of Appeals for the 5th, 6th, and 7th Circuits have held).

16-1400

Issues: (1) Whether the Uniformed Services Employment and Reemployment Rights Act specifically provides authority to the Merit Systems Protection Board to inquire as to the existence of a discriminatory pretext in the revocation of an employee’s security clearance; (2) whether, where the employee alleges the revocation of the security clearance is for a discriminatory pretext, the inquiry as to the existence of this discriminatory pretext improperly intrudes upon the “merits” of the Executive’s security clearance determination; and (3) whether the Merit Systems Protection Board can then provide a remedy under the Uniformed Services Employment and Reemployment Rights Act to an employee whose security clearance was revoked in violation of the Act.

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