Capital | Judiciary.org

Supreme Court

Restitution, medical malpractice, and a capital appeal

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.

Once again this week, the Supreme Court has been busy sifting through the relists. The court granted review of one of last week’s new relists raising a double jeopardy question about a federal sentencing enhancement for using a firearm during a violent crime. (Grants are now filling in the 2025-26 term, which will … Read the rest

Supreme Court

Washington residents challenge state’s effort to tax long-term capital gains

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.

The Constitution constrains states from excessively burdening out-of-state commerce – a doctrine known as the dormant commerce clause, because it is implicit in the grant of power to Congress to regulate interstate commerce. Five years ago, a divided Supreme Court held in South Dakota v. Wayfair that, under the doctrine, … Read the rest

Civil Law

Three Arrows Capital Co-Founder Avoids Contempt and Sanctions in United States, But Bankruptcy Court Previews Worldwide Enforcement Options

On June 27, 2022, Three Arrows Capital (“3AC”), a crypto hedge fund, commenced liquidation proceedings in the British Virgin Islands and thereafter filed recognition proceedings in, among other countries, the United States and Singapore. As we discussed earlier this year, on December 2, 2022, the bankruptcy court presiding over 3AC’s chapter 15 proceeding pending in the Southern District of New York held that the 3AC joint liquidators (the “JLs”) could serve a subpoena (the “U.S. Subpoena”) upon a 3AC cofounder, … Read the rest

Supreme Court

Capital defendant whose lawyer conceded guilt despite his objection seeks relief from Supreme Court

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. Louisiana.

Though the inmate in the 2018 case, Robert McCoy, had insisted that he was innocent, his lawyer considered the evidence against McCoy “overwhelming” and counseled that the best strategy to avoid the death penalty was to concede guilt. … Read the rest