Kaley v. United States
Case Details
- Case No.: 12-464
- Jurisdiction: United States Supreme Court
Key Topics in the Case
Documents
Prior Decision
Decision below 677 F.3d 1316 (11th Cir. 2011).
Question Presented
Whether the Supreme Court should take the appeal and clarify that” a grand jury’s probable cause determination does not relieve the government of any of its usual burden, when it seeks to restrain or seize property, of showing at a prompt, adversarial hearing that it has good cause to do so.” (Br. at 2.).
“Whether effected via criminal-forfeiture provisions, or through parallel civil-forfeiture proceedings, restraining defendants assets during a prosecution implicates a structural right and risks inflicting unknowable injustices….The circuits holding that a grand jury’s ex parte probable cause determination is unassailable have unduly compromised the structural right to counsel.” (Br. at 2 & 5.)
Author(s)
University of Miami School of Law Professor Ricardo J. Bascuas, Miami, FL.
