Federal Judiciary

Petition of the day

By Conor McEvily

Today?s first  ?petition of the day is: 

Title: Davis v. Humphrey
Docket: 10-949
Issue(s): Whether the court of appeals has jurisdiction under 28 U.S.C. §§ 1291 and 2253 to review a district court's final order on a habeas petition that was transferred to the district court from the Supreme Court.

Certiorari stage documents:

• Opinion below (11th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief of the Innocence Project

Today’s second petition of the day is:

Title: Davis v. Humphrey
Docket: 10-950
Issue(s): 1) Whether Sawyer v. Whitley (1992), supplies the appropriate burden of proof for a claim that the execution of an innocent person violates the Eighth Amendment; 2) whether, in the context of an actual innocence proceeding, the district court gave proper consideration to evidence that the alternative suspect confessed in accordance with House v. Bell, (2006), and Schlup v. Delo, (1995); 3) whether, through witness testimony, the petitioner established his innocence to the requisite degree to render his execution unconstitutional under the Eighth Amendment; and 4) whether the court of appeals has jurisdiction under 28 U.S.C. §§ 1291 and 2253 to review the district court's final order in the first instance?

Certiorari stage documents:

• Opinion below (United States District Court for the Southern District of Georgia)
• Brief in opposition
• Amicus brief of the Innocence Project
• Jurisdictional statement and petition for writ of habeas corpus

Full post as published by SCOTUSBLOG on March 02, 2011 (boomark / email).