Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Caperton v. A.T. Massey Coal Company, Inc., et al.

Docket No. Op. Below Argument Opinion Vote Author Term
08-22 W.Va. S.Ct. Mar 3, 2009
Tr.
Jun 8, 2009 5-4 Kennedy OT 2008

Issue: Whether a judge’s failure to recuse himself from a case in which he received substantial campaign donations from one of the parties violates the Due Process rights of the other party.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Anthony Kennedy on June 8, 2009.

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