Home -> Law Blog Directory -> Federal Judiciary Blogs -> SCOTUSBLOG

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Federal Judiciary

: SCOTUSBLOG

Today’s orders

By Akin Gump Supreme Court Practice Group

ADVERTISEMENTS

The Court has granted certiorari in three cases, City of Ontario v. Quon (08-1332), Robertson v. U.S. Ex Rel. Watson (08-6261), and Carachuri-Rosendo v. Holder (09-60). The Court has rewritten the question in 08-6261. The Solicitor General was also invited to file a brief expressing the views of the United States in Thompson v. North American Stainless (09-291).

The full order list is here. The briefs in the cases acted on appear below the jump.

Cases granted certiorari:

Docket: 08-1332
Title: City of Ontario v. Quon
Issues: (1) Whether a SWAT team member has a reasonable expectation of privacy in text messages transmitted on his SWAT pager, where the police department has an official no-privacy policy but a non-policymaking lieutenant announced an informal policy of allowing some personal use of the pagers; (2) Whether individuals who send text messages to a SWAT team member?s SWAT pager have a reasonable expectation that their messages will be free from review by the recipient?s government employer.

Opinion below (9th Circuit)
Petition for certiorari (08-1332)
Brief in opposition (08-1332; 08-1472)
Petitioner?s reply (08-1332)
Conditional cross-petition for certiorari (08-1472)
Response to conditional cross-petition for certiorari (08-1472)
Reply of cross-petitioners (08-1472)
Amicus brief of the League of California Cities and the California State Association of Counties

Docket: 09-60
Title: Carachuri-Rosendo v. Holder
Issue: Whether a person convicted under state law for simple drug possession (a federal misdemeanor) has been ?convicted? of an ?aggravated felony? on the theory that he could have been prosecuted for recidivist simple possession (a federal felony), even though there was no charge or finding of a prior conviction in his prosecution for possession.

Under the Immigration and Nationality Act, a

lawful permanent resident who has been ?convicted?

of an ?aggravated felony? is ineligible to seek cancellation

of removal. 8 U.S.C. § 1229b(a)(3). The courts

of appeals have divided 4-2 on the following question

presented by this case:

Whether a person convicted under state law for

simple drug possession (a federal law misdemeanor)

has been ?convicted? of an ?aggravated felony? on the

theory that he could have been prosecuted for recidivist

simple possession (a federal law felony), even

though there was no charge or finding of a prior conviction

in his prosecution for possession.

Under the Immigration and Nationality Act, a

lawful permanent resident who has been ?convicted?

of an ?aggravated felony? is ineligible to seek cancellation

of removal. 8 U.S.C. § 1229b(a)(3). The courts

of appeals have divided 4-2 on the following question

presented by this case:

Whether a person convicted under state law for

simple drug possession (a federal law misdemeanor)

has been ?convicted? of an ?aggravated felony? on the

theory that he could have been prosecuted for recidivist

simple possession (a federal law felony), even

though there was no charge or finding of a prior conviction

in his prosecution for possession.

We will post briefs in Robertson v. U.S. Ex Rel. Watson as soon as possible.

Cases in which the Court has requested the views of the United States:

Docket: 09-291
Title: Thompson v. North American Stainless, LP
Issue: Is a third party afforded protection under the anti-retaliation provision of Title VII, 42 U.S.C. § 2000e-3(a), based solely upon his association with an employee who has engaged in protected activity?

Full post as published by SCOTUSBLOG on December 14, 2009 (boomark / email).

Lawsuits and Settlements

Greka Oll and Gas
EPA Orders Clean-up of Toxic PCBs

Technician Whistleblower
Jury orders DuPont Chambers Works to pay $1.224 million settlement to employee.

Correctional Managers
Jury orders Marion County to pay $1 million racial discrimination settlement to two former employees.

Canceled Insurance
Judge orders Health Net Inc. to pay $9 million settlement after terminating a policyholder's policy after being diagnosed with breast cancer.

Related Searches