1 October 2012, open for business.
SCOTUSBlog has the following criminal law “Petitions to watch,” pending conference.
Rubashkin v. United States Docket: 11-1203
Issue(s): (1) Whether Federal Rule of Criminal Procedure 33 requires a criminal defendant with newly discovered evidence that goes not to guilt or innocence but to the fundamental fairness of his criminal trial – here, that the trial judge should have been recused under 28 U.S.C. § 455(a) – to show nonetheless that the new evidence would probably lead to his acquittal[.]
Carter v. Louisiana Docket: 11-1484
Issue(s): Whether the Court should reexamine its “death qualification” framework articulated in Witherspoon v. Illinois and Wainwright v. Witt because the Court announced that framework decades ago without any consideration of, or foundation in, the Framers’ intent in protecting a defendant’s right to an “impartial jury” in the Sixth Amendment.
Zach has, or will remind us the status of the several military petitions pending.