Supreme Court

Required SEC disclosures and erroneous DNA evidence

Required SEC disclosures and erroneous DNA evidence

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court worked through two thirds of last week’s new relists, though with very different results. The court granted review in Delligatti v. United States, meaning that the court will be making yet another foray into the “categorical approach” to determining whether prior convictions are “crimes of violence” for sentencing purposes. … Read the rest

Supreme Court

Erroneous admission of a murder confession as “harmless?”

Erroneous admission of a murder confession as “harmless?”

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

It has been more than a month (and two conferences) since the Supreme Court has relisted a case for the first time; I’ve been doing this column for more than a decade and I can’t remember another dry spell of that length. As we head into this week’s conference, at which the court … Read the rest

Supreme Court

Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments

Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments

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The Supreme Court on Monday clarified the meaning of “mistake” in the federal procedural rule that allows litigants to seek relief from erroneous final judgments. In an 8-1 opinion in Kemp v. United States, the court ruled that “all mistakes of law made by a judge” constitute “mistakes” under Federal Rule of Civil Procedure 60(b)(1).  

The case involved the various subsections of Rule 60(b), which establishes different deadlines for motions designed to correct various errors that courts … Read the rest