Federal Judiciary

Today’s Orders | 11.14.08

By Akin Gump Supreme Court Practice Group

The Court this afternoon accepted five cases for review, filings for which are available after the jump. The orders list is available here.

Docket: 08-22
Title: Caperton v. A.T. Massey Coal Company, Inc., et al.
Issue: Whether a judge?s failure to recuse himself from a case in which he received substantial campaign donations from one of the parties violates the Due Process rights of the other party.

• Opinion below (Supreme Court of Appeals of West Virginia)
• Petition for certiorari
• Supplemental brief of petitioners
• Brief in opposition
• Petitioner?s reply
• Brief amicus curiae of Public Citizen (in support of the petition)
• Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. (in support of the petition)
• Brief amicus curiae of Washington Appellate Lawyers Association (in support of the petition)
• Brief amicus curiae of American Bar Association (in support of the petition)
• Brief amicus curiae of Committee for Economic Development (in support of the petition)

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Docket: 08-67
Title: Yeager v. United States
Issue: Whether, under the Double Jeopardy Clause, the government may retry defendants acquitted of some charges on factually related counts on which the jury failed to reach a verdict.

• Opinion below (5th Circuit)
• Petition for certiorari
• Brief in opposition (all cases)
• Petitioner?s reply
• Brief amici curiae of National Association of Criminal Defense Lawyers and Criminal Law Professors filed (in support of petitioners)

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Docket: 08-192
Title: Abuelhawa v. United States
Issue: Whether a person who uses a cell phone to buy drugs solely for personal use (a misdemeanor) can be charged with the separate crime of using a phone to facilitate the sale of drugs (a felony).

• Opinion below (4th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Brief amicus curiae of National Association of Criminal Defense Lawyers (in support of petitioner)
• Brief amicus curiae of Center on the Administration of Criminal Law (in support of petitioner)

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Docket: 08-205
Title: Citizens United v. Federal Election Commission
Issue: Whether federal campaign finance laws apply to a critical film about Senator Hillary Clinton intended to be shown in theaters and on-demand to cable subscribers.

• Opinion below (District Court for the District of Columbia)
• Statement as to jurisdiction
• Motion to dismiss or affirm
• Reply of appellant
• Brief amicus curiae of American Civil Rights Union (in support of petitioner)

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Docket: 08-5274
Title: Dean v. United States
Issue: Whether, under 18 U.S.C.924(c)(1)(A)(iii), the mere discharge of a firearm during a crime of violence or drug trafficking, even if accidental, is subject to a ten-year sentencing enhancement.

• Opinion below (11th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

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Full post as published by SCOTUSBLOG on November 14, 2008 (boomark / email).