Federal Judiciary

Petition of the day

By Kiran Bhat

The first petition of the day is: 

Title: Asworth, LLC v. Kentucky Department of Revenue, Finance, and Administration Cabinet
Docket: 10-662
Issue(s): 1) Whether a state violates the Commerce Clause by subjecting an out- of-state corporate partner to income tax when the partner has no property or employees in the state and the partner's only connection with the state is the holding of passive investment interests in entities that have in-state business operations; and 2) whether a state violates the Due Process Clause by enacting non-curative tax legislation that retrospectively denies interest on overpayments of court-ordered tax refunds on a retroactive basis of up to seventeen years.

Certiorari-Stage Documents:

• Opinion below (Court of Appeals of Kentucky)
• Petition for certiorari

The second petition of the day is:

Title: Howes v. Fields
Docket: 10-680
Issue(s): Whether this Court?s clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always "in custody" for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison regardless of the surrounding circumstances.

Certiorari-Stage Documents:

• Opinion below (6th Cir.)
• Petition for certiorari

Full post as published by SCOTUSBLOG on December 21, 2010 (boomark / email).