Petitions of the week
on Nov 8, 2018 at 10:05 am
This week we highlight petitions pending before the Supreme Court that address the scope of First Amendment protection for false statements about a living public figure published in a docudrama, the availability of habeas relief on a previously denied claim based on a change in the circuit’s interpretation of the relevant statute, and the effect of the due process clause on a state’s ability to tax trusts based on the trust beneficiaries’ in-state residency.
The petitions of the week are:
Issue: Whether a prisoner whose 28 U.S.C. § 2255 motion challenging the applicability of a statutory minimum was denied based on circuit precedent may later seek habeas relief on the ground that the circuit’s interpretation of the relevant statutes has changed.
Issue: Whether reckless or knowing false statements about a living public figure, published in a docudrama format, are entitled to absolute First Amendment protection from claims based on the victim’s statutory and common law causes of action for defamation and right of publicity to justify dismissal at the pleading stage.
Issue: Whether the due process clause prohibits states from taxing trusts based on trust beneficiaries’ in-state residency.