Issue: Whether the court of appeals exceeded its
authority to grant a writ of habeas corpus
when it completely disregarded and ignored
this Court’s well-established precedent of
Woodford v. Visciotti and its progeny, by finding a state
court’s application of Beck v. Alabama contrary to United
States Supreme Court precedent, although
the state court expressly recognized, cited
and applied the appropriate federal standard
of review but its analysis was not a model of
clarity; and (2) whether the decision of the court of appeals
finding error under Beck based solely on
speculative and non-existent evidence is
so clearly erroneous, and in conflict with
other lower federal courts, that this Court should, if not grant plenary review, at least
grant certiorari, vacate the court of appeals’
decision, and remand with instructions
to deny habeas corpus relief.
On Monday, the justices met for their September 26 conference. They issued orders from this conference on Thursday. The court granted certiorari in nine cases, consolidating two. The October sitting will begin on October 3; the argument calendar for that sitting is available on the court's website.
Bank of America Corp. v. City of Miami (1) Whether, by limiting suit to “aggrieved person[s],” Congress required that a Fair Housing Act plaintiff plead more than just Article III injury-in-fact; and (2) whether proximate cause requires more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies.
Moore v. Texas (1) Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
Pena-Rodriguez v. Colorado Whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.
BeavEx Inc. v. Costello Whether the Federal Aviation Administration Authorization Act preempts generally-applicable state laws that force motor carriers to treat and pay all drivers as “employees” rather than as independent contractors.