At its March 30, 2012 Conference, the Court will consider such issues as deportation for minor marijuana offenses, prejudice from undisclosed exculpatory evidence, a foreign choice-of-law clause in an international arbitration agreement, and whether purposefully flooding land is a Fifth Amendment taking.  This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues.

Denney v. Griffin

Docket: 11-853
Issue(s): When the state failed to disclose exculpatory evidence, can a court find that the defendant’s due process rights were violated at the time of trial because of that omission when the basis for concluding that the omission caused prejudice included not just the evidence not disclosed, but also other evidence that did not even come into existence until after trial?

Certiorari stage documents:

Titan Marine, LLC v. Cape Flattery Limited

Docket: 11-948
Issue(s): (1) Whether the general rule that a contract must be interpreted to fulfill the parties intentions applies with respect to an arbitration agreement when discerning whether the parties intended that foreign law should govern the threshold question whether the dispute is subject to arbitration; and (2) when parties agree to arbitrate “any disputes arising under this Agreement,” whether that restricts arbitration to only those disputes about the “interpretation and performance” of a contract, or it also includes disputes that would not have arisen but for their contract.

Certiorari stage documents:

Cases involving lawyers from Goldstein & Russell (listed without regard to likelihood of being granted):

Moncrieffe v. Holder (Granted )

Note: Goldstein & Russell, P.C. represents the petitioner in this case.
Docket: 11-702
Issue(s): Whether a conviction under a provision of state law that encompasses but is not limited to the distribution of a small amount of marijuana without remuneration constitutes an aggravated felony, notwithstanding that the record of conviction does not establish that the alien was convicted of conduct that would constitute a federal felony.

Certiorari stage documents:


The following petition has been re-listed for the conference of March 30.  If any other paid petitions are redistributed for this conference, we will add them below as soon as their redistribution is noted on the docket.

Tarrant Regional Water District v. Herrmann (Granted )

Note: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, represents the City of Dallas as amicus curiae in this case.
Docket: 11-889
Issue(s): (1) Whether Congress’s approval of an interstate water compact that grants the contracting states “equal rights” to certain surface water and – using language present in almost all such compacts— provides that the compact shall not “be deemed . . . to interfere” with each state’s “appropriation, use, and control of water . . . not inconsistent with its obligations under this Compact,” manifests unmistakably clear congressional consent to state laws that expressly burden interstate commerce in water; and (2) whether a provision of a congressionally approved multi-state compact that is designed to ensure an equal share of water among the contracting states preempts protectionist state laws that obstruct other states from accessing the water to which they are entitled by the compact.

Certiorari stage documents:


Posted in Cases in the Pipeline

Recommended Citation: Matthew Bush, Petitions to watch | Conference of March 30, 2012, SCOTUSblog (Mar. 29, 2012, 10:46 AM),