Today’s Orders
on Jan 4, 2008 at 3:06 pm
A copy of today’s orders list is available here.
The Court granted certiorari in six cases: Irizarry v. United States (06-7517); Bridge v. Phoenix Bond & Indemnity (07-210); Greenlaw v. United States (07-330); Kennedy v. Louisiana (07-343); Plains Commerce Bank v. Long Family Land & Cattle (07-411); and Sprint Communications v. APCC Services (07-552).
The opinions below and all certiorari stage filings in today’s granted cases are listed after the jump.
Docket: 06-7517
Case name: Irizarry v. United States
Issue: Whether a judge must give both sides notice in advance of imposing a criminal sentence that departs from the Sentencing Guidelines.
- Opinion below (11th Circuit)
- Petition for certiorari
- Brief in opposition
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Docket: 07-210
Case name: John Bridge v. Phoenix Bond & Indemnity Co., et al.
Issue: Whether plaintiffs who did not rely on but were nonetheless harmed by false statements made to third parties can establish proximate cause in a civil RICO action.
- Opinion below (7th Circuit)
- Petition for certiorari
- Brief in opposition
- Amicus brief of McKesson Corporation (in support of the petitioner)
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Docket: 07-330
Case name: Greenlaw v. United States
Issue: Whether a federal circuit court may sua sponte increase a defendant’s sentence in the absence of a cross-appeal by the government.
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Docket: 07-343
Case name: Kennedy v. Louisiana
Issue: Whether the Eighth Amendment bar on cruel and unusual punishment prohibits capital punishment for the crime of child rape.
- Opinion below (Supreme Court of Louisiana)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Amicus brief of Louisiana Public Defender Offices in Parishes Impacted by Hurricanes Katrina and Rita (in support of the petitioner)
- Amicus brief of the National Association of Social Workers, et al. (in support of the petitioner)
- Amicus brief of the National Association of Criminal Defense Lawyers (in support of the petitioner)
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Docket: 07-411
Case name: Plains Commerce Bank v. Long Family Land & Cattle
Issue: Whether Indian tribes’ courts have authority to decide a civil lawsuit that involves business dealings between a company owned by a member of the tribe and a bank that owns land on a reservation, but itself is not owned by a tribal member.
- Opinion below (8th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
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Docket: 07-552
Case name: Sprint Communications Company, et al. v. APCC Services
Issue: Whether a plaintiff assigned the right to pursue a legal claim, but which stands to gain no proceeds from the outcome of the litigation, has established standing under Article III. (Disclosure: Akin Gump represents the petitioner.)
- Opinion below (D.C. Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Amicus brief of Qwest Communications, Inc. (in support of the petitioners)
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