Legal Commentary

This Petition for Certiorari Seems Strangely Familiar

By Orin Kerr

Last year I drafted a cert petition in McCane v. United States on whether the good-faith exception to the Fourth Amendment applies to changing law. The Court denied the petition. But having now just read the cert petition in Davis v. United States, the case the Court took today that raised the same issue as McCane, I can now say that the Court sort of granted on my petition after all: If you compare the two petitions, you?ll notice that much of the Davis petition is from the cert petition in McCane.

UPDATE: I?ve now spoken with counsel for Mr. Davis, and it looks like I may be working with him on the merits briefing and argument in the case. I was off working for the Senate when the cert petition in Davis was due, which is why I wasn?t consulted earlier (counsel for Mr. Davis didn?t know how to reach me, which is certainly understandable), and now it looks like I may be joining forces with him on the case.

Full post as published by The Volokh Conspiracy on November 01, 2010 (boomark / email).