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Grants of Certiorari

SENTENCING

Does the term "any other provision of law" in 18 U.S.C. 924(c) include an underlying drug trafficking offense or crime of violence; and if not, does it include another offense for possessing the same firearm in the same transaction?

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HABEAS CORPUS

Does a federal court exercising its habeas jurisdiction have the power to release prisoners ordered held by federal officials? Kiyemba v. Obama, No. 08-1234. Certiorari granted Oct. 20, 2009. Ruling below: 555 F.3d 1022 (D.C. Cir. 2009).

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EMPLOYEE BENEFITS

Does the Federal Employees Health Benefits Act preempt a state court lawsuit against a government contractor that administers benefits provided in accordance with the statute? Pollitt v. Health Care Service Corp., No. 09-38. Certiorari granted Oct. 13, 2009. Ruling below: No. 08-3509 (unpublished) (7th Cir. 2009).

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JURY TRIALS

Were an African-American murder defendant’s Sixth Amendment rights violated by an all-white jury panel in a case where a U.S. Court of Appeals determined that a state supreme court improperly failed to find systematic underrepresentation? Smith v. Berghuis, No. 06-1463. Certiorari granted Sept. 30, 2009. Ruling below: 543 F.3d 326 (6th Cir. 2008).

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JURY TRIALS

Were an African-American murder defendant’s Sixth Amendment rights violated by an all-white jury panel in a case where a U.S. Court of Appeals determined that a state supreme court improperly failed to find systematic underrepresentation?

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CRIMINAL LAW

Is a state statute requiring a criminal defendant to follow a demand procedure for challenging a crime lab report or else forfeit the right to cross-examine the report’s author constitutional?

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FALSE CLAIMS ACT

Does an audit and investigation performed by a state or municipality constitute an “administrative … report … audit, or investigation” within the meaning of the public disclosure jurisdictional bar of the False Claims Act?

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CRIMINAL

Does Miranda v. Arizona require police to expressly advise a suspect in custody that he or she has the right to have a lawyer present during an interrogation? Florida v. Powell, No. 08-1175. Certiorari granted June 22, 2009. Ruling below: ...

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BANKRUPTCY – STUDENT LOANS

Can a student loan be discharged in Chapter 13 bankruptcy without proving undue hardship” and without commencing an adversary proceeding? United Student Aid Funds, Inc. v. Espinosa, No. 08-1134. Certiorari granted June 15, 2009. Ruling below:  545 F.3d 895 (9th ...

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DIVERSITY JURISDICTION

For purposes of determining the principal place of business for diversity jurisdiction citizenship under 28 U.S.C. §1332, can a court can disregard the location of a nationwide corporation’s headquarters – i.e., its nerve center?

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