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Grants of Certiorari

SPEEDY TRIAL

Is the time requested by a defense attorney to prepare pretrial motions excluded from the 70-day time limit for bringing a case to trial under the Speedy Trial Act of 1974 if no motion is filed? U.S. Supreme Court. Bloate v. U.S., No. 08-728. Certiorari granted April 20, 2009. Ruling below: 534 F.3d 893 (8th Cir. 2007).

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CIVIL IMMUNITY

Can a prosecutor be liable civilly for a wrongful conviction and incarceration where the prosecutor allegedly procured false testimony during a criminal investigation, and then introduced that testimony against the criminal defendant at trial? U.S. Supreme Court. Pottawattamie County v. McGhee, No. 08-1065. Certiorari granted April 20, 2009. Ruling below: 547 F.3d 922 (8th Cir. 2008).

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PATENT

Must a “machine-or-transformation” test be applied to a particular apparatus in order for it to be eligible for patenting under 35 U.S.C. §10? U.S. Supreme Court. Bilski v. Doll. Certiorari granted June 1, 2009. Ruling below: 545 F.3d 943 (Fed. ...

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FRANCHISE OWNERS

Under what circumstances may a service station operator bring suit against an oil refiner or distributor for “constructive termination” under the Petroleum Marketing Practices Act?

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APPELLATE LAW

Was the application of a discretionary state procedural rule to bar a defendant convicted of murder from appealing his verdict after he escaped from prison “inadequate” and therefore unenforceable?

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DEATH PENALTY

Was a state court determination that a defense attorney’s failure to present the defendant’s impaired mental functioning did not constitute ineffective counsel based on an unreasonable determination of the facts, and did the federal circuit court correctly apply the Antiterrorism ...

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CLASS ACTIONS

Can a state legislature properly prohibit the federal courts from permitting certain forms of state statutory recovery in a class action?

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RICO

Does lost tax revenue constitute a direct injury to “business or property” as required for standing so that city and state organizations can file suit under the Racketeer Influenced and Corrupt Organizations Act alleging injury resulting from the non-payment of ...

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PUBLIC UTILTIES

Under the Federal Power Act, does the “public-interest” standard apply when an energy contract rate is challenged by an entity that was not a party to the contract?

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IMMIGRATION

Does 8 U.S.C. §1252(a)(2)(B)(ii) removes jurisdiction from federal courts to review rulings on motions to reopen by the Board of Immigration Appeals? U.S. Supreme Court. Kucana v. Holder, No. 08-911. Certiorari granted April 27, 2009.Ruling below: No. 07-1002 (7th Cir. ...

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