Federal Judiciary

Today’s Orders

By Akin Gump Supreme Court Practice Group

A copy of today’s orders list — containing grants of certiorari in three cases — is now available here. All available certiorari-stage filings in the granted cases are listed after the jump.

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Docket: 07-526
Case name: Carcieri v. Kempthorne
Issue: Whether the Narrangansett Tribe may receive benefits under the Indian Reorganization Act of 1934 if the Tribe was not federally recognized on the date of enactment, and whether the Rhode Island Indian Claims Settlement Act foreclosed the Tribe?s right to exercise sovereignty over land in the state.

• Opinion below (1st Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Alabama and other states (in support of the petitioner)
• Amicus brief of Citizens Equal Rights Foundation and The RISC Foundation, Inc. (in support of the petitioner)

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Docket: 07-542
Case name: Arizona v. Gant
Issue: Whether, under New York v. Belton (1981), police may conduct a warrantless search of a car if its recently arrested occupant poses no threat to officer safety or preservation of evidence.

• Opinion below (Supreme Court of Arizona)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Los Angeles County (in support of the petitioner)
• Amicus brief of the National Association of Police Organizations (in support of the petitioner)

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Docket: 07-544
Case name: Chrones v. Pulido
Issue: Whether, on habeas review, the 9th Circuit erred in granting relief by deeming an erroneous jury instruction to constitute structural error requiring reversal because the jury may have relied upon it.

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

Full post as published by SCOTUSBLOG on February 25, 2008 (boomark / email).