Professor to argue before Supreme Court
By: Rochelle McConkie
Issue date: 4/16/08 Section: News
U law professor Peter Stirba will argue a case before the United States Supreme Court in the fall that he said will set precedence for civil rights and search and seizure cases.
"It will be a landmark decision in the area of qualified immunity," Stirba said.
Five years ago, Stirba began representing law enforcement officers in a case regarding a methamphetamine bust in Millard County, in which a man named "Mr. Callahan" sold drugs to an undercover informant who was working with police officers. Once the transaction occurred, the informant signalled to the officers outside the house, who entered and arrested Callahan for unlawful distribution of a controlled substance-a felony under Utah law.
After going back and forth in a number of state and federal courts, the U.S. Supreme Court has agreed to hear the case in November, possibly overruling the 2001 decision in Saucier v. Katz, in which the court adopted an approach on how courts should consider qualified immunity based on whether there is a constitutional violation and whether the law is clear.
Hiram Chodosh, dean of the S. J. Quinney College of Law, said he is excited for Stirba and also for his students, who will have the opportunity to discuss the experience as it happens in the fall.
"It reflects in many ways the great lawyer he is," Chodosh said.
U second-year law student Stephanie Wilson has been working as a law clerk for the case at Stirba's law firm, Stirba and Associates. Wilson said this is one of the first things she has worked on since she started at the firm, and she is now doing research for the case.
"It's amazing," Wilson said. "People who've been practicing law for years don't ever have this experience."
Wilson will continue to work with Stirba until he argues the case in November and will travel to Washington, D.C., for the hearing.
In the case, Callahan plead guilty in the state court system under the condition that he could appeal whether the evidence was seized in a lawful manner or whether the officers were violating his Fourth-Amendment right by entering his home without a search warrant.
"It will be a landmark decision in the area of qualified immunity," Stirba said.
Five years ago, Stirba began representing law enforcement officers in a case regarding a methamphetamine bust in Millard County, in which a man named "Mr. Callahan" sold drugs to an undercover informant who was working with police officers. Once the transaction occurred, the informant signalled to the officers outside the house, who entered and arrested Callahan for unlawful distribution of a controlled substance-a felony under Utah law.
After going back and forth in a number of state and federal courts, the U.S. Supreme Court has agreed to hear the case in November, possibly overruling the 2001 decision in Saucier v. Katz, in which the court adopted an approach on how courts should consider qualified immunity based on whether there is a constitutional violation and whether the law is clear.
Hiram Chodosh, dean of the S. J. Quinney College of Law, said he is excited for Stirba and also for his students, who will have the opportunity to discuss the experience as it happens in the fall.
"It reflects in many ways the great lawyer he is," Chodosh said.
U second-year law student Stephanie Wilson has been working as a law clerk for the case at Stirba's law firm, Stirba and Associates. Wilson said this is one of the first things she has worked on since she started at the firm, and she is now doing research for the case.
"It's amazing," Wilson said. "People who've been practicing law for years don't ever have this experience."
Wilson will continue to work with Stirba until he argues the case in November and will travel to Washington, D.C., for the hearing.
In the case, Callahan plead guilty in the state court system under the condition that he could appeal whether the evidence was seized in a lawful manner or whether the officers were violating his Fourth-Amendment right by entering his home without a search warrant.
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Susan
posted 4/16/08 @ 10:34 AM MST
Where is Miller County?
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