Federal Judiciary

Today’s Orders | 11.25.08

By Akin Gump Supreme Court Practice Group

Today’s orders list is now available here. The Court granted certiorari in two cases, filings for which are available after the jump.

Docket: 08-267
Title: United States v. Denedo
Issue: Whether a military appellate court has jurisdiction to consider a petition for a writ of error coram nobis filed by a former service member following a final court-martial conviction.

• Opinion below (Court of Appeals for the Armed Forces)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

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Docket: 08-681 (stay application 08A413)
Title: Nken v. Mukasey
Issue: Whether the decision of a court of appeals to stay an alien’s removal pending consideration of the alien’s petition for review is governed by the standard set forth in 8 U.S.C. 1252(f)(2) or instead by the traditional test for stays and preliminary injunctive relief.

• Application for stay pending appeal
• Response to application
• Reply of applicant

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Full post as published by SCOTUSBLOG on November 25, 2008 (boomark / email).