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And if certiorari's role as an appellate device was to simply bring the case to the Court as if on a writ of error, then it wouldn't permit question-selection either. One Last Thing ...
The Husted Case Can a Writ of Certiorari Issue Before Final Adjudication?; SUPREME COURT GENERAL TERM. Before Justices Sutherland, Leonard and Barnard. Share full article. Nov. 19, 1863.
Petitions for the writ of certiorari are a fairly routine part of North Carolina appellate practice and procedure, but the Appellate Rules do not provide much guidance on what those petitions ...
A writ of certiorari is a discretionary, extraordinary writ—and is therefore never granted as a matter of right. See, e.g., King v.Taylor, 188 N.C. 450, 451, 124 S.E. 751, 751 (1924) (explaining ...
The American Civil Liberties Union, ACLU of Montana, Native American Rights Fund (NARF), and the Harvard Election Law Clinic challenged two Montana laws that hinder Native American participation in ...
Once the writ is drafted, the property is seized by a court official or member of law enforcement. The property is then transferred or sold, with the proceeds going to the plaintiff in cash .
As reported on this blog and Howe on the Court, the Supreme Court has issued an order extending the deadline for filing a petition for a writ of certiorari to 150 days from the lower court’s judgment.
In 2020, American Axle filed a petition for writ of certiorari urging the Supreme Court to review the case. The petition was supported by a raft of high-profile amici curiae, ...
In the latest twist of an ongoing saga now in its 11th year, the Supreme Court of the United States (SCOTUS) has denied an Association of American Railroads (AAR) petition for a writ of certiorari* (a ...
In Alabama’s criminal justice system, wealth can be synonymous with freedom, and lack of wealth can mean incarceration. That’s wealth-based justice, and it’s unconstitutional. Hundreds of defendants, ...
To be clear, this does not mean the Supreme Court will take up the merits of the dispute. Today's order only agrees to review the petition for certiorari in an expedited fashion, and will likely ...
In light of Bickel’s statements about certiorari in The Least Dangerous Branch, the fiftieth anniversary of Bickel’s book seems as good a time as any to reflect upon the highly discretionary nature of ...