JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Friday, January 04, 2008

Supreme Court to hear death penalty, sentencing cases
Mike Rosen-Molina at 3:24 PM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] on Friday granted certiorari in six cases [order list, PDF], including Kennedy v. Louisiana (07-343) [docket; cert. petition], in which the Supreme Court will consider whether a death sentence constitutes cruel and unusual punishment when imposed for a crime in which the victim was not killed. Patrick Kennedy was sentenced to death in Louisiana for raping a minor, one of the few remaining crimes where the death of a victim is not required for the death penalty. The Louisiana Supreme Court upheld [opinion, PDF] the sentence. AP has more.

The Supreme Court also granted cert in several other sentencing cases. In Irizarry v. US (06-7517) [docket], the Court will rule on whether a judge must give advance notice to both sides in a criminal case if he plans to pass a sentence that deviates from the Federal Sentencing Guidelines. The Eleventh Circuit ruled [opinion, PDF] that the guidelines are only advisory and so notice is not required. In Greenlaw v. United States (07-330) [docket; cert. petition, PDF], the Supreme Court will rule on whether a federal circuit court can take steps to lengthen a convict's sentence in the absence of any government appeal requesting such an extension.

The Court granted cert in three other cases Friday. In John Bridge v. Phoenix Bond & Indemnity Co., et al. (07-210) [docket; cert. petition, PDF], the Court will rule on whether a victim of mail fraud must prove that he relied on a misrepresentation made by the defendant to prevail in a civil Racketeer Influenced and Corrupt Organizations Act (RICO) action. In Sprint Communications Company, et al. v. APCC Services (07-552) [docket; cert. petition, PDF], the Court will rule on whether a plaintiff who was assigned the right to pursue a claim, but who does not stand to gain anything from the claim, nonetheless has standing to sue. In Plains Commerce Bank v. Long Family Land & Cattle (07-411) [docket; cert. petition, PDF], the Court will rule on whether Indian tribes’ courts have jurisdiction to decide a case between a business owned by tribe members and a bank that owns land within a reservation but that is not owned by tribe members.






Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 UN urges Afghanistan to approve women's rights legislation
9:02 AM ET, May 21

 Supreme Court declines to hear Alaskan village's greenhouse gas claim
8:41 AM ET, May 21

 Vermont governor signs physician-assisted suicide bill
7:18 AM ET, May 21

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org