Posted Tue, December 21st, 2010 8:25 am
Petition of the day
The first petition of the day is:
Asworth, LLC v. Kentucky Department of Revenue, Finance, and Administration Cabinet
Docket: 10-662
Issue(s): 1) Whether a state violates the Commerce Clause by subjecting an out-
of-state corporate partner to income tax when the partner has no property or
employees in the state and the partner's only connection with the state is the
holding of passive investment interests in entities that have in-state business
operations; and 2) whether a state violates the Due Process Clause by enacting
non-curative tax legislation that retrospectively denies interest on overpayments
of court-ordered tax refunds on a retroactive basis of up to seventeen years.
Certiorari stage documents:
The second petition of the day is:
Howes v. Fields (Granted )
Docket: 10-680
Issue(s): Whether this Court's clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always "in custody" for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison regardless of the surrounding circumstances.
Certiorari stage documents:
Recommended Citation: Kiran Bhat, Petition of the day, SCOTUSblog (Dec. 21, 2010, 8:25 AM), http://www.scotusblog.com/2010/12/petition-of-the-day-62/
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