Whether, when defense counsel in a criminal trial, through constitutionally deficient performance, fails to object to “structural error,” the prejudice required to show ineffective assistance of counsel is presumed and thus shown as a matter of law.

Whether the Ninth Circuit’s “provocation rule” that police officers may be held liable for using force when they provoked a threatening reaction with a Fourth Amendment violation is consistent with the Supreme Court’s use of force analysis in Graham v. Connor and subsequent cases?

Update: On January 18, 2017, the Massachusetts Supreme Court directed district attorneys to dismiss thousands of drug offense cases that were tainted by the misconduct of chemist Annie Dookhan. Prosecutors must produce a list of all drug convictions they plan to dismiss, and also produce a list of cases that they wish to re-prosecute, both within 90 days. They will be permitted to re-prosecute cases only if they certify they can do so on the basis of untainted evidence. The people hurt by Annie Dookhan’s actions deserve justice from the prosecutors who have the power to right thousands of grave wrongs by dismissing these cases.

Update: In December 2016, the Arizona Court of Appeals affirmed the lower court’s 2012 ruling that federal marijuana prohibition does not void Arizona’s Medical Marijuana Act and that the County and State should therefore allow the White Mountain dispensary to continue operating and providing medicine to qualifying patients in Arizona with debilitating medical conditions.

In 2013, the ACLU and ACLU of Puerto Rico filed a federal lawsuit on behalf of Officer Alvin Marrero-Méndez, a 13-year veteran of the Puerto Rico Police Department.