Pending Amicus Briefs

Mitchell v. Wisconsin

Brief in Support of Petitioner in the US Supreme Court

Is there a Fourth Amendment warrant requirement exception for a statute stating that an individual implicitly consents to a blood draw? 

Mitchell v. Wisconsin

US v. Haymond

Brief in Support of Respondent in the US Supreme Court

Are the portions of 18 U.S.C. § 3583(k) that required the district court to revoke supervised release and to impose re-imprisonment based on a finding by a preponderance of the evidence that respondent violated the conditions of his release an “unconstitutional and unenforceable” law?

The Due Process Institute thanks David T. Goldberg for his support on this matter.

US v. Haymond

Hillman v. Nueces County, Texas and Nueces County District Attorney's Office

Brief in Support of Petitioner in the Supreme Court of Texas

A former district attorney filed suit against Nueces County for wrongful termination after he was fired for disclosing information to the defense, as he believed it was his legal and ethical duty to do so. 



Hillman v. Nueces County, Texas and Nueces County District Attorney's Office

Turner v. United States

Brief in Support of Petition for a Writ of Certiorari in the US Supreme Court

The question presented is whether the Sixth Amendment right to counsel attaches before an indictment in a situation where a prosecutor threatens to indict a defendant unless the defendant accepts a plea offer. The Due Process Institutes thanks Cozen O’Connor for their support in this matter, particularly Stephen A. Miller, Barry Boss, and Kara L. Kapp.

Turner v. United States

Resolved Cases

The following cases have concluded

  

 
 

Timbs v. Indiana

Brief in Support of Petitioner in the US Supreme Court

UPDATE: The Supreme Court has ruled 9-0 in favor of plaintiff Timbs. The Court found that the

Excessive Fines Clause of the Eighth Amendment is incorporated to the states through the Fourteenth Amendment's Due Process Clause. The civil forfeiture of the plaintiff's $42,000 vehicle for a crime that had a maximum $10,000 criminal fine is an Excessive Fine. Read the opinion here.


Cabrera-Rangel v. United States

Petition for a Writ of Certiorari to the Supreme Court

UPDATE: Petition for cert was denied on January 14, 2019.

The question presented is whether the Sixth Amendment right to a jury trial prohibits judges from basing sentences on charges for which juries have acquitted criminal defendants. 

The Due Process Institutes thanks Timothy O'Toole and Sarah A. Dowd of Miller & Chevalier for their support on this case.


Mearing v. United States

Brief in Support of Petition for a Writ of Certiorari in the US Supreme Court 

UPDATE: Petition for cert was denied on January 7, 2019.


The Due Process Institute's Shana O'Toole authored this brief regarding the waiver of appellate review of what appears to be highly suspect restitution and forfeiture awards. 


Almighty Supreme Born Allah, Petitioner v. Lynn Milling, et al. 

UPDATE: The petitioner dismissed his petition for certiorari following a settlement with the government.


The Due Process Institute has joined a large swath of cross-ideological organizations as co-signers for this amicus brief on qualified immunity.