Federal Judiciary

Petition of the day

By Kiran Bhat

The petition of the day is: 

Title: Henderson v. United States
Docket: 10-918
Issue(s): (1) Whether a prior state disposition resulting in a one-year suspended sentence, which is not appealable or considered a "conviction" under state law, is a "prior conviction" that has "become final" for purposes of the penalty enhancement provision of 21 U.S.C. § 851; and (2) whether the Due Process Clause requires the court to apply the rule of lenity in choosing between conflicting precedents with regard to the interpretation of a sentencing statute when the issue has never been decided by the en banc court of appeals and neither decision has been overruled.

Certiorari stage documents:

• Opinion below (8th Cir.)
• Petition for certiorari

Full post as published by SCOTUSBLOG on March 07, 2011 (boomark / email).