In Maryland prison-assault case, a request to clarify an important procedural question

In Maryland prison-assault case, a request to clarify an important procedural question

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Defendants appealing a case in federal court have to follow a series of rules to keep a specific issue alive and eligible for review. This week, we highlight cert petitions that ask the court to consider, among other things, whether a prison official appealing a jury verdict against him can … Read the rest

Justices, signaling interest in False Claims Act, are asked to clarify a “knowing” violation

Justices, signaling interest in False Claims Act, are asked to clarify a “knowing” violation

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

On Monday, the court asked the government to weigh in on a petition filed earlier this year, about whether it matters that someone accused of “knowingly” defrauding the government under the False Claims Act believes or understands their own conduct was unlawful. Known as a “call for the views of … Read the rest

Justices will clarify how death-row prisoners can contest a state’s method of execution

Justices will clarify how death-row prisoners can contest a state’s method of execution

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The Supreme Court doesn’t care all that much for method-of-execution challenges. It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment. In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. Nance v. Ward (to be argued on Monday) is about the procedural vehicle that prisoners must use to challenge execution methods. The case is important because Georgia’s … Read the rest