US Supreme Court grants cert. in 6 cases

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On Friday the United States Supreme Court granted certiorari in six cases, three of which involve criminal law related issues:

Bobby v. Bies:  Whether the holding of a state post-conviction hearing to determine the mental capacity of a capital defendant whose death sentence was affirmed before Atkins v. Virginia (2002), which barred the execution of mentally retarded defendants, violates the Double Jeopardy clause where the issue of mental capacity has already been addressed at trial and on direct appeal.

Safford United School District #1 v. Redding: Whether the Fourth Amendment prohibits public school officials from conducting a strip search of a student suspected of possessing and distributing prescription strength ibuprofen on campus in violation of school policy.

Nijhawan v. Mukasey:  Whether the petitioner's conviction for mail, bank and wire fraud qualified as an aggravated felony under the immigration laws, the penalty for which is lifetime banishment from the country.

The other three cases are the following:

Forest Grove School District, Petitioner v. T. A.: Whether parents of a student who has never previously received special education services from a school district may be eligible under the Individuals with Disabilities Education Act for reimbursement of private school tuition.

Cuomo v. The Clearing House Ass'n, L.L.C.,:  Whether 12 USC § 484 and 12 CFR § 7.4000 prohibit measures taken by a state prosecutor to enforce state fair lending law against national banks by subjecting those entities to "visitorial powers."

U.S. ex rel. Eisenstein v. City of New York: Whether the 30-day time limit in Federal Rule of Appellate Procedure 4(a)(1)(A) for filing a notice of appeal, or the 60-day time limit in Rule 4(a)(1)(B), applies to a qui tam action under the False Claims Act.

Scotusblog provides links to the lower court opinions, petitions, oppositions, replies and amicus briefs.  Briefing will be expedited so the cases may be ruled upon in this term.


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This page contains a single entry by JoNell published on January 17, 2009 3:55 PM.

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