Petitions to Watch | Conference of 10.10.08 and 10.17.08
on Oct 2, 2008 at 11:11 am
This edition of â€œPetitions to Watchâ€ features cases up for consideration at the Justicesâ€™ private conferences on October 10 and October 17. As always, the list contains the petitions on the Courtâ€™s paid docket that Tom has deemed to have a reasonable chance of being granted. (Note: this week, the list also includes a pauper petition presenting the same issue as a paid petition.) To access previous editions of Petitions to Watch, visit our archives here on SCOTUSwiki.
Conference of October 10, 2008
Title: Carlsbad Technology, Inc. v. HIF Bio, Inc.
Issue: Whether a federal court order remanding a case to state court after declining to exercise supplemental jurisdiction is subject to appellate review.
Title: Brunson v. Harris
Issue: Whether the one-year time period for filing federal habeas petitions under the Antiterrorism and Effective Death Penalty Act is subject to equitable tolling.
Title: Mora v. New York, et al.
Issue: Whether Article 36 of the Vienna Convention on Consular Relations, which requires law enforcement to inform foreign nationals of their right to have their consulate notified of their arrest, creates an individual right enforceable in courts.
Title: McCann v. Cochran, et al.
Issue: Whether a prima facie case of intentional discrimination requires a judicial finding that the defendant gave more favorable treatment to a “nearly identical” comparator.
Conference of October 17, 2008
- Opinion below (8th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitionerâ€™s reply
- Brief amicus curiae of National Association of Criminal Defense Lawyers (in support of petitioner)
Docket: 08-108; 08-5316
Title: Flores-Figueroa v. United States; Nicasio Mendoza-Gonzalez v. United States
Issue: Whether an individual who used a false means of identification but did not know it belonged to another person can be convicted of â€œaggravated identity theftâ€ under 18 U.S.C. 1028A(a)(1). (Disclosure: Howe & Russell represents the petitioner in 08-108.)
- Opinion below (8th Circuit) (08-108)
- Opinion below (8th Circuit) (08-5316)
- Petition for certiorari (08-108)
- Petition for certiorari (08-5316)
- Brief of the United States (08-108)
- Brief of the United States (08-5316)
- Petitionerâ€™s reply (08-108)