Petitions of the week
on Jan 18, 2019 at 9:37 am
This week we highlight petitions pending before the Supreme Court that address the standard for removal of a juror for misconduct during deliberations, a court’s ability to enable a defendant to earn income to pay restitution, and whether a horizontal agreement to boycott a supplier can escape per se condemnation under Section 1 of the Sherman Act under certain circumstances.
The petitions of the week are:
Issue: Whether a district court may reduce a prison sentence, or impose a probationary term in lieu of imprisonment, to enable a defendant to earn income to pay restitution to his victims.
Issue: Whether, to remove a juror for alleged misconduct during deliberations, a district court must determine that there is no possibility that the allegations of misconduct stem from the juror’s view of the evidence.
Issue: Whether a horizontal agreement to boycott a supplier can escape per se condemnation under Section 1 of the Sherman Act based on the assertion that the conspirators organized the boycott in response to the supplier’s proposed price increase and not for the purpose of reducing competition in the supplier’s market.