Federal Judiciary

Petition of the day

By Conor McEvily

Today?s first petition of the day is:

Title: Montejo v. Louisiana
Docket: 10-416
Issue(s): (1) Whether a defendant's Sixth Amendment waiver was invalid because it was based on the misrepresentations by police that he had not been appointed a lawyer; (2) whether a defendant's statements made after his apparent request for counsel should have been suppressed under Edwards v. Arizona; and (3) whether a law enforcement officer's conduct violates Edwards v. Arizona, where he explicitly expresses disappointment with a suspect after the suspect has made a clear invocation of the right to counsel.

Certiorari-Stage Documents:

• Opinion below (Supreme Court of Louisiana)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

Today’s second petition of the day is:

Title: Exide Technologies v. EnerSys Delaware, Inc.
Docket: 10-422
Issue(s): Whether a contract that imposes continuing obligations on both parties, and which includes obligations that are burdensome and disadvantageous to the estate, is an "executory contract" subject to rejection under section 365(a) of the Bankruptcy Code.

Certiorari-Stage Documents:

• Opinion below (Third Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on November 22, 2010 (boomark / email).