So, to avoid the possibility of a 4 - 4 tie, Bashman proposes legislation or a judicial rulemaking to authorize the U.S. Supreme Court to randomly tap a non-recused judge from the U.S. Courts of Appeals to replace a recused Justice in a case in
which certiorari has been granted.
«No live dispute remains between the parties over the issue with respect to
which certiorari was granted,» the court said.
Not exact matches
This time, the counties appealed to the Supreme Court,
which again granted
certiorari.
Glenwood also appears to have been a client of the tax
certiorari firm from
which former Assembly speaker Sheldon Silver is accused of taking undisclosed payments.
The Tax Commission,
which decides the
certiorari cases brought by firms like Goldberg & Iryami, consists of «a president and six Commissioners appointed by the Mayor, with advice and consent of the City Council.»
He is not known to have any expertise in the complex and highly specialized area of the law in
which Goldberg & Iryami practices, known as tax
certiorari,
which involves challenging real estate tax assessments and seeking reductions from municipalities.
The importance of this issue and the split between the circuits were enough to persuade the Supreme Court to grant
certiorari and hear the appeal,
which is expected to be heard next spring.
Today, the U.S. Supreme Court granted
certiorari in the case of U.S. v. Alvarez,
which presents the question of the constitutionality of the «Stolen Valor Act.»
However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to
which a timely appeal has been taken under authority of law, or when a petition for
certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying
certiorari.
Ct. 2007)- Steve Goldman argued this appeal, in
which the Pennsylvania Supreme Court affirmed a decision (actually revoked its early grant of
certiorari as «improvidently granted») denying class certification in a statewide overhead and profit class action.
Excitingly for sentencing fans, today's final Supreme Court order list includes a grant or
certiorari in Beckles v. United States, No. 15 - 8544,
which SCOTUSblog has described this way:
Lawyers will be well advised to review this most recent Supreme Court decision before advising their clients to pursue petitions for writs of
certiorari of discovery orders
which do not involve claims of privilege.
More than two months ago, the Supreme Court of the United States granted Samsung's petition for writ of
certiorari (request for top - court review) regarding design patent damages,
which was supported by Google, Facebook and other tech giants.
That honor goes to Justice Sotomayor's statement respecting the denial of
certiorari in Campbell v. Ohio,
which suggests importing more of the Eighth Amendment's procedural protections for the death penalty to life without parole sentencing.
The defendant's attorney appealed directly to the North Carolina Supreme Court,
which denied
certiorari.
Our limited grant of the writ of
certiorari has withdrawn from our consideration at this date those questions,
which include, inter alia, sufficiency of the evidence, composition of jury, and conduct of the trial.
If parties don't like the result there, the only option is to file a petition for
certiorari with the Supreme Court,
which has taken more patent cases in the last decade.
The Alabama Supreme Court held that it could not consider the constitutional issues underlying the contempt judgment
which related to the power of the State to order production of membership lists because review by
certiorari was limited to instances
APPEAL from, and
certiorari (309 U.S. 626) to review, a judgment
which sustained the conviction of all the defendants on one count of an information and the conviction of one of the defendants on another count.
Today, the U.S. Supreme Court granted
certiorari to resolve whether bankruptcy judges have discretion under Bankruptcy Code section 330 (a) to award bankruptcy attorneys fees and costs for defending fees / expenses
which are the subject of fee applications for «core» fees.
The case was based on a «Bill of Complaint,» not a writ of
certiorari,
which is what I'm more used to seeing.
These rules do not apply to extraordinary remedies such as
certiorari which are governed by Rule 71B (a) of the West Virginia Rules of Civil Procedure.
The Supreme Court has granted
certiorari in the case of T.C. Heartland v. Kraft Foods,
which turns on a minor detail of statutory interpretation but raises high stakes indeed: if the Court agrees that a 2011 enactment narrowed venue in patent suits, it could end the current arrangement in
which plaintiffs are free to steer most such suits into just a few friendly jurisdictions.