|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-311||4th Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (1) Whether, in review of a state decision under 28 U.S.C. § 2241, when a federal appellate court must determine if double-jeopardy protection bars retrial after a mistrial is granted over a defendant’s objection based upon the absence of a critical prosecution witness, the required strict scrutiny applied to the legal determination of manifest necessity constrains in equal or greater measure the deference universally accorded a trial court’s fact-finding; and (2) whether in granting relief under 28 U.S.C. § 2241 the U.S. Court of Appeals for the 4th Circuit egregiously failed to apply clearly established federal law as determined by the Supreme Court in Arizona v. Washington and accord deference to the state court’s ruling finding manifest necessity for mistrial when it resolved that omission of a reference to consideration of alternatives in the court’s oral ruling made the ruling fatally insufficient even though the record shows the state court did not act rashly in granting a mistrial, but pursued a cautious approach that included suspending the trial to allow a search for the missing witness prior to considering and granting the state’s mistrial motion.
|Date||Proceedings and Orders |
|Sep 03 2019||Petition for a writ of certiorari filed. (Response due October 7, 2019)|
|Oct 03 2019||Waiver of right of respondent Broderick Seay to respond filed.|
|Oct 09 2019||DISTRIBUTED for Conference of 11/1/2019.|
|Oct 15 2019||Response Requested. (Due November 14, 2019)|
|Nov 14 2019||Brief of respondent Broderick Seay in opposition filed.|
|Nov 14 2019||Motion for leave to proceed in forma pauperis filed by respondent Broderick Seay.|
|Nov 26 2019||Reply of petitioner Al Cannon filed.|
|Dec 04 2019||DISTRIBUTED for Conference of 1/10/2020.|
|Jan 13 2020||DISTRIBUTED for Conference of 1/17/2020.|
|Jan 21 2020||DISTRIBUTED for Conference of 1/24/2020.|
|Feb 14 2020||DISTRIBUTED for Conference of 2/21/2020.|
|Feb 24 2020||DISTRIBUTED for Conference of 2/28/2020.|
|Mar 02 2020||DISTRIBUTED for Conference of 3/6/2020.|
|Mar 16 2020||DISTRIBUTED for Conference of 3/20/2020.|
|Mar 23 2020||DISTRIBUTED for Conference of 3/27/2020.|
|Mar 30 2020||Motion for leave to proceed in forma pauperis filed by respondent GRANTED.|
|Mar 30 2020||Petition DENIED. Justice Thomas, Justice Alito, and Justice Kavanaugh would grant the petition for a writ of certiorari.|
A rule that allows SCOTUS to hear cases before appeals courts weigh in used to be very rare. But in the past three years, it's become far more common. And the justices haven't said why.
@steve_vladeck explains the resurgent writ of "cert before judgment."
The rise of certiorari before judgment - SCOTUSblog
For obvious reasons, the Supreme Court’s decision on Monday to grant certiorari in a pair of cases challenging...
Sonia Sotomayor appeared this morning on @TODAYshow to promote her new children's book, "Just Help!: How to Build a Better World." She spoke briefly about the public's perception of the court. Here's the interview: https://www.today.com/video/justice-sotomayor-on-new-book-supreme-court-s-credibility-loss-of-her-mother-131639365722
Today's big cert grant in a TikTok minute.
In a unanimous ruling, SCOTUS revives a lawsuit against Northwestern University under the Employee Retirement Income Security Act. Current and former employees argue that the university is violating its fiduciary duties in the administration of its retirement investment plans.
BREAKING: The Supreme Court agrees to hear a pair of cases that challenge the race-based affirmative action policies for admission at Harvard University and the University of North Carolina. The cases likely will be argued next term.
Live now: https://www.scotusblog.com/2022/01/announcement-of-orders-and-opinions-for-monday-january-24/
Today at SCOTUS: The court will issue orders on pending petitions at 9:30 a.m. EST, followed by opinions in argued cases starting at 10 a.m.
We'll be live-blogging the developments in real time. Bring your coffee & your SCOTUS questions and come join us: https://www.scotusblog.com/2022/01/announcement-of-orders-and-opinions-for-monday-january-24/