Details on today’s orders
This morning, the Court issued orders from the Justices’ March 18 Conference, granting certiorari in two cases, inviting the views of the United States in one case, releasing a summary decision in one case, and providing a written statement respecting the denial of certiorari in one case. Today’s full order list is here.
Maples v. Thomas (Granted )
Docket: 10-63
Issue(s): Whether the Eleventh Circuit properly held that there was no cause to excuse any procedural default where petitioner was blameless for the default, the state's own conduct contributed to the default, and petitioner's attorneys of record were no longer functioning as his agents at the time of any default.
Certiorari stage documents:
Rehberg v. Paulk (Granted )
Docket: 10-788
Issue(s): Whether a government official who acts as a
complaining witness by presenting perjured testimony against an innocent citizen is entitled to absolute immunity from a Section 1983 claim for civil
damages.
Certiorari stage documents:
The Court called for the views of the Acting Solicitor General in the following case:
Kingdom of Spain v. Estate of Claude Cassirer (Granted )
Docket: 10-786
Issue(s): 1. Whether the Foreign Sovereign Immunities Act “expropriation exceptionâ€
permits U.S. courts to strip a foreign
sovereign of its presumptive sovereign immunity
simply because it owns property allegedly taken in
violation of international law by another nation?
2. Whether a plaintiff relying on the FSIA’s
expropriation exception must exhaust available
remedies in the relevant country before invoking the
jurisdiction of U.S. courts?
Certiorari stage documents:
- Opinion below (9th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioners' reply brief
- Petitioners' supplemental brief
CVSG Information:
- Invited: March 21, 2011
- Filed: May 27, 2011 (Deny)
The Court issued a summary per curiam decision in Felkner v. Jackson (found here) , which reverses the decision of the Ninth Circuit in a case involving the alleged use by prosecutors of peremptory challenges to exclude blacks from the jury based upon their race.
Also of note, the Court denied certiorari this morning in Huber v. New Jersey Dept. of Environmental Protection (10-388) with a written statement from Justice Alito respecting the denial. The statement was joined by Chief Justice Roberts, Justice Scalia, and Justice Thomas.
Recommended Citation: Adam Schlossman, Details on today’s orders, SCOTUSblog (Mar. 21, 2011, 10:04 AM), http://www.scotusblog.com/2011/03/details-on-todays-orders-3/





