Details on today’s grants

By Kali Borkoski
on Sep 27, 2011 at 10:24 am

This morning the Court granted certiorari in eight new cases, two of which have in turn been consolidated for one hour of oral argument. The full order list is available here. On Monday, we expect the Court to issue an additional order list reflecting the cases from the September 26 Conference in which certiorari has been denied or in which the Court has invited the Solicitor General to file briefs expressing the views of the United States; at that point, we will also be able to infer which cases from the September 26 Conference will be relisted for consideration at the Court’s October 7 Conference.

The Court granted certiorari in the following eight cases:

[petition]10-1018[/petition]

[petition]10-1472[/petition]

[petition]10-1542[/petition]

[petition]10-1543[/petition]

[petition]11-139[/petition]

Wood v. Milyard (No. 10-9995): The question presented is limited to the following(1) Whether an appellate court has the authority to raise sua sponte a 28 U.S.C. §2244(d) statute of limitations defense; (2) whether the state’s declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate waiver of any statute of limitations defense the state may have had?

Roberts v. Sea-Land Services (No. 10-1399): The question presented is limited to: Whether the phrase “those newly awarded compensation during such period” in Longshore Act § 6(c), applicable to all classes of disability except permanent total, can be read to mean “those first entitled to compensation during such period,” regardless of when it is awarded.

Vartelas v. Holder (No. 1211): The question presented is: Whether 8 U.S.C. § 1101(a)(13)(C)(v), which removes a legal permanent resident of his right, under Rosenberg v. Fleuti, 374 U.S. 449(1963), to make “innocent, casual, and brief” trips abroad without fear that he will be denied reentry, applies  retroactively to a guilty plea taken prior to the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act.