on Oct 13, 2009 at 10:10 am
The Court has granted certiorari in the following four cases, and the briefs are now posted below.Â The full order list is available here.
Title: United States v. Marcus
Issue: Whether the Second Circuit departed from the Courtâ€™s interpretation of Rule 52(b) of the Federal Rules of Criminal Procedure by adopting as the appropriate standard for plain-error review of an alleged ex post facto violation whether there is any possibility that the defendant could have been convicted based exclusively on conduct that took place before the enactment of the statutes in question.
Title: Skilling v. United States
Issue: Whether the federal â€œhonest servicesâ€ fraud statute, 18 U.S.C. Â§ 1346, requires the government to prove that the defendantâ€™s conduct was intended to achieve â€œprivate gainâ€ rather than to advance the employerâ€™s interests, and, if not, whether Â§ 1346 is unconstitutionally vague. Whether the government must rebut the presumption of jury prejudice, which arose because of pretrial publicity and community impact of the alleged conduct, and, if so, whether the government must prove beyond a reasonable doubt that no juror was actually prejudiced.
- Opinion below (5th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Brief amicus curiae of National Association of Criminal Defense Lawyers
Title: Health Care Service v. Pollitt
Issue: Whether the Federal Employees Health Benefits Act, 5 U.S.C. Â§ 8902(m)(1), preempts a state court lawsuit filed against a government contractor administering such benefits.
Title: Holland v. Florida
Issue: Whether theÂ Eleventh Circuit erred in denying equitable tolling to the defendant to excuse his late filing of his habeas petition, based on the conclusion that the late filing was due to “gross negligence” of counsel, whileÂ factors beyond “gross negligence” are required for equitable tolling; whether equitable tolling is available to toll the statute of limitation under the AEDPA.