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Today’s Orders | 10.1.08

The orders list is available here. The Supreme Court granted certiorari in ten cases this morning. The names of the cases, along with all available certiorari-stage filings, are available after the jump.

Docket: 07-1309
Title: Boyle v. United States
Issue: Whether, to establish the existence of an “enterprise” under RICO, the goverment must prove the existence of an entity with an ascertainable structure apart from the pattern of racketeering activity in which it engages.

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Docket: 07-1356
Title: Kansas v. Ventris
Issue: Whether prosecutors may use a defendant’s statement – made in the absence of a knowing and voluntary waiver of the right to counsel – to impeach a witness, as opposed to during its case-in-chief.

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Docket: 07-1372
Title: Hawaii, et al. v. Office of Hawaiian Affairs, et al.
Issue: Whether a 1993 congressional resolution requires Hawaii to reach a political settlement with native Hawaiians before transferring some 1.2 million acres of state land.

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Docket: 07-1410
Title: United States v. Navajo Nation
Issue: Whether the Court’s prior decision in United States v. Navajo Nation (2003) foreclosed a finding that the government breached fiduciary duties in connection with Indian coal lease amendments.

  • Opinion below (Federal Circuit)
  • Petition for certiorari
  • Brief in opposition
  • Petitioner’s reply

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Docket: 07-1529
Title: Montejo v. Louisiana
Issue: Whether an indigent defendant must affirmatively accept the appointment of counsel to preclude future police interrogation in the absence the attorney.

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Docket: 07-1601; 07-1607
Title: Burlington Northern and Santa Fe Railway Company, et al. v. United States; Shell Oil Company v. United States
Issue: Whether the petitioners were incorrectly held jointly and severally liable for environmental cleanup costs under CERCLA.

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Docket: 07-9712
Title: Puckett v. United States
Issue: Whether forfeited claims that the government breach a plea agreement are subject to “plain error” review.

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Docket: 07-9995
Title: Rivera v. Illinois
Issue: Whether the erroneous denial of a criminal defendant’s preemptory challenge that resulted in the challenged juror being seated requires automatic reversal of a conviction.

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Docket: 07-10441
Title: Corley v. United States
Issue: Whether federal law permits the suppression of a voluntary confession made more than six hours after arrest but before presentment to a magistrate, as a consequence of unreasonable delay in presentment.

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Docket: 08-88
Title: Vermont v. Brillon
Issue: Whether delays caused by a public defender can deprive a criminal defendant of his right to a speedy trial.