Federal Judiciary

Today’s Orders | 11.10.08

By Akin Gump Supreme Court Practice Group

Today’s orders list is now available here. The Court did not grant certiorari in any new cases.

Justices Stevens and Breyer each wrote in response to the denial of certiorari in Kelly v. California (07-11073) and Zamudio v. California (07-11425), cases involving the presentation of video “victim impact” evidence at the sentencing phase of capital trials. Justice Stevens’ statement respecting the denial is available here, and Justice Breyer’s dissent from the denial is available here. Justice Souter did not write separately but would have granted certiorari in Kelly.

Filings in both cases are available after the jump. The Supreme Court has made the video in Kelly, first displayed on SCOTUSblog here, available on its web site here.

Docket: 07-11073 (capital case)
Title: Kelly v. California
Issue: Whether the penalty-phase introduction of a videotape containing images of the victim and set to background music violated the defendant?s rights under the Eighth and Fourteenth Amendments. (Click here for the video in question.)

• Opinion below, with subsequent modification (Supreme Court of California)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

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Docket: 07-11425 (capital case)
Title: Zamudio v. California
Issue: Whether the penalty-phase introduction of a videotape containing images of the victim violated the defendant?s rights under the Eighth and Fourteenth Amendments.

• Opinion below, with subsequent modification (Supreme Court of California)
• Petition for certiorari
• Brief in opposition

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Full post as published by SCOTUSBLOG on November 10, 2008 (boomark / email).