| Preface |
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vii | |
| Checklists for Processing Cases Through the Court Including Document Length Limits and Cover Colors |
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xxxvii | |
| 1 Introduction to the Supreme Court |
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1 | (70) |
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1.1 The Creation of "one supreme Court" |
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2 | (2) |
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1.2 Implementation of the "one supreme Court" |
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4 | (7) |
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4 | (1) |
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b Tenure and Compensation |
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4 | (1) |
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c Compensation of the Justices |
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5 | (1) |
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5 | (2) |
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7 | (1) |
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f The "First Monday in October" Term |
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7 | (2) |
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g Holding Terms "at the seat of government" |
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9 | (1) |
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h Congressional Funding of the Court |
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10 | (1) |
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1.3 Court Sessions and Conferences During Its "Continuous" Term |
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11 | (5) |
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16 | (2) |
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1.5 The Supreme Court Building and Grounds |
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18 | (3) |
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1.6 The Courtroom and the Conference Room |
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21 | (3) |
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1.7 The Supreme Court Library |
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24 | (3) |
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27 | (2) |
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29 | (1) |
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1.10 Reporter of Decisions and Publication of Opinions |
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30 | (3) |
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1.11 Public Information Office |
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33 | (1) |
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1.12 Counselor to the Chief Justice |
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34 | (1) |
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35 | (1) |
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1.14 Office of the Curator |
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35 | (1) |
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1.15 The Supreme Court Historical Society |
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36 | (1) |
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1.16 Supreme Court Law Clerks |
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36 | (12) |
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a History of Supreme Court Law Clerks |
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37 | (1) |
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b Law Clerk Selection Process |
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38 | (2) |
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c Certiorari Work of Law Clerks |
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40 | (2) |
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d Work of Law Clerks on Opinions |
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42 | (2) |
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e Ethical Obligations of Law Clerks |
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44 | (4) |
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1.17 The Supreme Court Website and Other Sources of Information About Cases Before the Court |
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48 | (8) |
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a The Supreme Court Website |
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48 | (3) |
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b Where to Find Briefs Filed in the Supreme Court |
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51 | (3) |
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c Availability of Petitions and Briefs in the Supreme Court's Files |
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54 | (2) |
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d Unofficial Reprints of Opinions and Orders |
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56 | (1) |
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56 | (1) |
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1.19 The Court's Procedural Framework |
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57 | (2) |
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1.20 The Court's Workload and Its Effect on Practice |
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59 | (7) |
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a The Growth of the Court's Workload |
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59 | (2) |
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b The Decline of the Argument Calendar |
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61 | (1) |
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c The Decline in Supreme Court Decisions |
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62 | (3) |
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d The Effect of the Workload on the Practitioner |
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65 | (1) |
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1.21 The Computerization of Booklet-Format Documents |
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66 | (3) |
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1.22 Timely Filing of Documents |
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69 | (2) |
| 2 Jurisdiction to Review Decisions of Federal Courts |
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71 | (68) |
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72 | (6) |
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2.1 Constitutional and Statutory Bases of Certiorari Jurisdiction |
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72 | (6) |
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II Federal Courts of Appeals |
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78 | (14) |
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2.2 Plenary Nature of Certiorari Jurisdiction Over Federal Courts of Appeals |
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78 | (5) |
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2.3 Certiorari Jurisdiction Over Nonfinal Judgments of Federal Courts of Appeals |
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83 | (2) |
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2.4 Certiorari Jurisdiction Before Rendition of Judgment Below |
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85 | (2) |
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2.5 Invocation of Certiorari Jurisdiction by "Any Party" to Case Below |
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87 | (4) |
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2.6 Jurisdiction by Certification From Courts of Appeals |
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91 | (1) |
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92 | (9) |
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2.7 Appeals From District Courts |
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92 | (2) |
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2.8 Appeal Jurisdiction to Review Decisions in Civil Antitrust Cases Brought by the Government |
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94 | (7) |
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IV Three-Judge District Courts |
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101 | (22) |
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2.9 Appeal Jurisdiction Over Three-Judge District Courts Under §1253 |
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101 | (3) |
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2.10 Appealable Judgments Under Existing Three-Judge Court Statutes |
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104 | (15) |
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a Specific Statutory Cases |
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104 | (1) |
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105 | (2) |
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105 | (1) |
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106 | (1) |
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c The Civil Rights Act of 1964 |
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107 | (2) |
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d The Voting Rights Act of 1965 and Related Statutes |
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109 | (7) |
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109 | (1) |
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2 42 U.S.C. §§1973b and 1973c |
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110 | (4) |
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3 Other Three-Judge Court Proceedings |
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114 | (1) |
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4 Direct Appeals From Three-Judge Courts |
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115 | (1) |
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e The Presidential Election Campaign Fund Act |
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116 | (3) |
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2.11 Procedures and Considerations Applicable to All Appeals From Three-Judge District Courts |
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119 | (4) |
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123 | (16) |
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2.12 Jurisdiction Over the United States Court of Appeals for the Federal Circuit |
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123 | (3) |
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2.13 Jurisdiction Over the District of Columbia Court of Appeals |
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126 | (3) |
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2.14 Jurisdiction Over the United States Court of Appeals for the Armed Forces |
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129 | (6) |
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2.15 Jurisdiction Over Other Specialized Federal Tribunals |
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135 | (6) |
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a The Temporary Emergency Court of Appeals |
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135 | (1) |
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b The Regional Rail Reorganization Act Special Court |
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136 | (1) |
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c The Foreign Intelligence Surveillance Act Courts |
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137 | (2) |
| 3 Jurisdiction to Review Decisions of State Courts |
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139 | (94) |
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141 | (13) |
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3.1 Jurisdiction Over State Courts-Historic and Present Day Scope |
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141 | (8) |
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a The "Final Judgment" Requirement |
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142 | (1) |
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b The Rooker-Feldman Exclusivity Doctrine |
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142 | (1) |
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c No Supervisory Power Over State Courts |
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143 | (1) |
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d The "Binding" Effect of State Laws in the Exercise of §1257(a) Jurisdiction |
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144 | (3) |
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1 Loss of Supreme Court Jurisdiction |
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144 | (1) |
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2 Far Beyond "Fair Reading" of the State Statute |
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145 | (1) |
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3 Misconstruction of State Property Law |
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146 | (1) |
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4 Distortion of State Election Laws |
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146 | (1) |
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e Deference to Lower Federal Court Interpretation of State Law |
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147 | (1) |
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f The "All-Certiorari" Jurisdiction Over State Courts |
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148 | (1) |
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3.2 Jurisdiction Over State Courts-The Current Statutes |
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149 | (3) |
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3.3 Certiorari Jurisdiction Over State Courts-In General |
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152 | (2) |
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II Requirements for Finality |
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154 | (21) |
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3.4 Sources for Satisfying the Finality Requirement |
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154 | (3) |
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3.5 Literal and Pragmatic Concepts of Finality |
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157 | (2) |
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3.6 Finality With Respect to Separable or Collateral Matters |
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159 | (4) |
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3.7 Finality Where Further Proceedings Are Contemplated |
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163 | (7) |
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3.8 Illustrative Applications of Finality in Civil Cases |
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170 | (2) |
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3.9 Illustrative Applications of Finality in Criminal Cases |
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172 | (2) |
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3.10 Finality as Affected by Petitions for Rehearing |
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174 | (1) |
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III Requirement of Decision by Highest State Court |
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175 | (6) |
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175 | (1) |
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176 | (2) |
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3.13 Intermediate State Appellate Courts |
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178 | (2) |
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3.14 State Courts of Last Resort |
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180 | (1) |
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3.15 State Administrative Bodies |
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181 | (1) |
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IV Need for Properly Raising a Substantial Federal Question |
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181 | (26) |
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181 | (3) |
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3.17 Framing the Federal Question |
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184 | (3) |
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3.18 Where and When a Federal Question Should Be Raised |
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187 | (10) |
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190 | (2) |
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b In State Appellate Court |
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192 | (1) |
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193 | (3) |
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d Presenting Issue in Certiorari Papers |
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196 | (1) |
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3.19 Effect of State Court's Determination of Federal Question |
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197 | (2) |
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3.20 Certificate From State Court That Federal Question Was Raised and Decided |
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199 | (3) |
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3.21 Limitation of Review to Properly Raised or Decided Federal Questions-Noticing Plain Errors |
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202 | (5) |
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V Lack of Jurisdiction to Review Judgments Based on Independent and Adequate State Grounds |
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207 | (26) |
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207 | (3) |
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3.23 Sources for Ascertaining Grounds of Decision |
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210 | (4) |
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3.24 Independence of State Ground When Federal Ground Also Present-The Michigan v. Long Presumption |
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214 | (6) |
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3.25 The "Footnote 6 Exception" to the Michigan v. Long Presumption |
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220 | (2) |
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3.26 Adequacy of State Ground |
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222 | (5) |
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3.27 Disposition and Enforcement in Cases Coming From State Courts |
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227 | (1) |
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3.28 Nonreviewability of State Court Findings of Fact-The Rule and Its Exceptions |
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228 | (5) |
| 4 Factors Motivating the Exercise of the Court's Certiorari Appellate Jurisdiction |
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233 | (80) |
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I Certiorari Jurisdiction |
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235 | (65) |
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4.1 Historical Background of the Certiorari Jurisdiction |
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235 | (3) |
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4.2 Guidelines for Exercise of Certiorari Jurisdiction |
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238 | (3) |
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4.3 Conflict Between Decisions as Basis for Granting Certiorari-In General |
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241 | (2) |
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4.4 Conflict Between Decisions of Courts of Appeals |
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243 | (7) |
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a Important and Recurring Nature of Conflict |
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246 | (1) |
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b Well-Developed Conflict Among Circuits |
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247 | (1) |
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247 | (1) |
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d Conflict Based on Discredited Authority |
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248 | (1) |
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e Alternative Ground for Decision |
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248 | (1) |
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f Conflict Irrelevant to Ultimate Outcome of Case |
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249 | (1) |
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g Conflict Not Fairly Presented |
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249 | (1) |
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249 | (1) |
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4.5 Conflict Between Decisions of Court of Appeals and of Supreme Court |
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250 | (4) |
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4.6 Conflict Between Decisions of Same Court of Appeals |
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254 | (2) |
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4.7 Conflict Between Decisions of Courts of Appeals and of Court of Appeals for the Federal Circuit or Court of Appeals for the Armed Forces |
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256 | (1) |
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4.8 Conflict Between Decisions of Courts of Appeals and District Courts |
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257 | (2) |
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4.9 Conflict Between Decisions of Court of Appeals and of Highest State Court as to Federal Matters |
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259 | (1) |
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4.10 Conflict Between Decisions of Court of Appeals and of Highest State Court on General and Nonfederal Matters |
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260 | (3) |
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4.11 Importance of Issues Involved |
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263 | (1) |
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4.12 Important Constitutional Issues |
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264 | (4) |
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4.13 Important Federal Statutory Issues |
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268 | (4) |
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4.14 Important Factual Issues-The Usual Rule and Its Exceptions |
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272 | (3) |
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4.15 Important Federal Jurisdictional and Procedural Issues-Exercise of the Court's Supervisory Power |
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275 | (2) |
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4.16 Important Similar Issues Already Pending Before the Supreme Court |
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277 | (1) |
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4.17 Erroneousness of Decision Below |
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278 | (4) |
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4.18 Interlocutory Nature of Judgment Below as Affecting Grant of Certiorari |
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282 | (4) |
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4.19 Effect of Interlocutory Appeals Act (28 U.S.C. §1292(b)) and Federal Rule of Civil Procedure 23(f) |
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286 | (1) |
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4.20 Grant of Certiorari Before Judgment by Courts of Appeals |
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287 | (1) |
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4.21 Considerations Affecting Grant of Certiorari in Cases Coming From the Court of Appeals for the Federal Circuit |
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288 | (3) |
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4.22 Considerations Affecting Grant of Certiorari in Cases Coming From the District of Columbia |
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291 | (4) |
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4.23 Considerations Affecting Grant of Certiorari in Cases Coming From the Court of Appeals for the Armed Forces |
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295 | (1) |
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4.24 Considerations Affecting Grant of Certiorari in Cases Originating in Puerto Rico Courts |
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296 | (1) |
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4.25 Considerations Affecting Grant of Certiorari in Cases Coming From State Courts |
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296 | (4) |
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II Appellate Jurisdiction |
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300 | (13) |
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4.26 The Prior Practice of Disposing of Most Appeals Without Oral Argument |
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300 | (2) |
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4.27 Standards Applied in Determining Whether Appeals Should Be Heard |
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302 | (4) |
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a Factors Relating to the Merits |
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304 | (1) |
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b Factors Not Relating to the Merits |
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305 | (1) |
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4.28 Precedential Effect of Summary Dispositions in the Supreme Court |
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306 | (2) |
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4.29 Precedential Effect of Supreme Court Summary Dispositions in Lower Courts |
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308 | (5) |
| 5 The Manner in Which the Court Determines to Take Jurisdiction |
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313 | (58) |
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314 | (49) |
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5.1 Procedures for Considering and Disposing of Petitions for Certiorari-Historical Background |
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314 | (2) |
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5.2 Procedures for Considering and Disposing of Petitions for Certiorari-Modem Procedures |
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316 | (7) |
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5.3 Consideration of Petitions for Certiorari at Conference |
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323 | (2) |
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5.4 Granting Certiorari on Four Votes |
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325 | (4) |
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5.5 The Practice of Not Stating Reasons for Denying Certiorari |
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329 | (2) |
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5.6 Dissenting Opinions From the Denial of Certiorari |
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331 | (4) |
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5.7 Significance of the Denial of Certiorari |
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335 | (4) |
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5.8 The Court's Disposition of Certiorari Petitions-In General |
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339 | (1) |
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5.9 Deferring Consideration of Petition |
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340 | (1) |
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5.10 Limited Grant of Certiorari |
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340 | (1) |
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5.11 Specification of Additional Questions at Time of Grant of Certiorari or on Reargument |
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341 | (2) |
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5.12 GVRs and Other Summary Dispositions |
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343 | (14) |
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a Summary Disposition Without Opinion |
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344 | (2) |
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b Summary Reconsideration Orders (GVRs) |
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346 | (4) |
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c Summary Disposition on the Merits by Per Curiam Opinion |
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350 | (7) |
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5.13 Summary Action in Moot or Abated Cases |
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357 | (1) |
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5.14 Vacating Denial of Certiorari in Absence of Petition for Rehearing |
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358 | (1) |
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5.15 Dismissal of Writ of Certiorari as Improvidently Granted |
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358 | (5) |
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363 | (8) |
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5.16 Consideration Given Appeals by Court and Individual Justices |
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363 | (2) |
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5.17 Summary Action Before Argument-In General |
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365 | (1) |
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5.18 Summary Affirmance or Dismissal on the Merits Before Argument |
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366 | (1) |
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5.19 Summary Reversal on the Merits Before Argument |
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367 | (1) |
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5.20 Summary Dismissal Before or After Argument for Miscellaneous Reasons |
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367 | (1) |
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5.21 Distinction Between Noting Probable Jurisdiction and Postponing Jurisdiction to the Merits |
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368 | (3) |
| 6 Procedure in Connection With Petitions for Certiorari |
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371 | (154) |
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376 | (22) |
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6.1 Time Limitations Governing Petitioning for Certiorari |
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376 | (16) |
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a Introduction to Time Limitations Applicable to Petitions, Cross-Petitions, and Applications for an Extension of Time to File a Petition |
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376 | (5) |
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376 | (1) |
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2 Events Triggering the 90-Day Period for Petitioning |
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377 | (2) |
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3 Calculating the 90-Day Period for Filing a Petition for Certiorari |
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379 | (1) |
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4 Extension of the Time to File |
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379 | (1) |
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5 Methods for Timely Filing |
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380 | (1) |
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6 Time Limits for Filing a Cross-Petition for Certiorari |
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380 | (1) |
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b Special Statutes and Writs Governing the Time for Filing a Certiorari Petition |
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381 | (1) |
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c What Constitutes Filing the Petition |
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382 | (5) |
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1 Clerk's Actual Receipt of Petition During the Filing Period |
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382 | (1) |
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2 Mailing of Petition Postmarked Within the Filing Period |
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383 | (1) |
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3 Forwarding Petition by Third-Party Commercial Carrier |
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384 | (1) |
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384 | (1) |
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5 Filing a Pro Se Petition |
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385 | (1) |
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6 Physical Delivery to the Guard |
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385 | (1) |
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7 The Court's Screening of Mail |
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386 | (1) |
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8 Electronic Submission of Certiorari-Stage Briefs |
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386 | (1) |
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d Nonwaivability of Time Limits in Civil Cases |
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387 | (2) |
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e Waivability of Time Limits in Criminal Cases |
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389 | (3) |
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392 | (1) |
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6.2 Calculating Filing Time From Entry of Judgment Below |
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392 | (2) |
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6.3 Time Calculation When Rehearing Sought Below |
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394 | (2) |
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6.4 Time Calculation When Judgment Below Is Changed |
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396 | (2) |
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II Extensions of Time for Filing Petition for Certiorari |
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398 | (12) |
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6.5 Obtaining Extensions of Time |
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398 | (2) |
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6.6 When to File for Extension of Time |
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400 | (1) |
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6.7 Presenting "Good Cause" for Extension-Effect of 10-Day Rule |
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401 | (7) |
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a Factors to Be Considered in Determining "Good Cause" |
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402 | (3) |
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b Factors to Be Considered in Determining "Most Extraordinary Circumstances" |
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405 | (1) |
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c Amount of Additional Time Requested |
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405 | (1) |
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d Effect of Requested Extension Upon Litigation |
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406 | (1) |
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e Nature of the Case and the Likelihood That Certiorari Will Be Granted |
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406 | (1) |
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f Compliance With 10-Day Rule |
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407 | (1) |
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6.8 Form and Content of Application for Extension of Time |
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408 | (2) |
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410 | (5) |
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410 | (1) |
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6.10 Payment of Filing Fees and Costs |
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411 | (1) |
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6.11 Statutory Waivers of Filing Fees and Costs |
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412 | (3) |
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412 | (1) |
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413 | (1) |
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c Military Justice Act Cases |
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414 | (1) |
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415 | (3) |
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6.12 Record Below Not to Be Filed at Time of Filing Petition for Certiorari |
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415 | (3) |
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a Only the Clerk May Request Transmittal of the Record |
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415 | (1) |
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b History of the Court's Use of the Certified Record at the Petition Stage |
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416 | (1) |
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c Lack of the Certified Record Does Not Hamper Court's Review |
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417 | (1) |
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V The Petition-Introduction |
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418 | (5) |
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418 | (1) |
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6.14 Certiorari Documents-Number, Color, and Length |
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419 | (4) |
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419 | (1) |
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420 | (1) |
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420 | (2) |
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d Application for Leave to Submit a Longer Petition |
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422 | (1) |
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VI The Petition-Identifying Counsel and Parties |
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423 | (7) |
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6.15 Naming Counsel of Record on Petition |
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423 | (2) |
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6.16 What Parties May Petition for Certiorari |
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425 | (5) |
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a Generally Only a Party Below May Petition |
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425 | (1) |
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b Successful Party Below May Not Petition |
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426 | (1) |
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c Intervention in the Supreme Court |
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427 | (2) |
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d Intervention by the United States; 28 U.S.C. §2403(a) |
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429 | (1) |
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VII The Petition-Preparing the Cover |
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430 | (4) |
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430 | (2) |
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6.18 Naming Parties in Caption of Petition |
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432 | (2) |
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VIII The Petition-Corporate Disclosure and List of Parties |
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434 | (5) |
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6.19 Making Corporate Disclosures |
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434 | (2) |
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6.20 Procedure for Omitting Parties |
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436 | (3) |
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IX The Petition-To Which Court Is the Writ Directed? |
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439 | (2) |
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6.21 Court to Which Writ Is to Be Directed |
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439 | (2) |
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X The Petition-Procedure When There Are Multiple Cases |
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441 | (2) |
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6.22 Whether to File One or More Petitions in Consolidated or Related Cases |
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441 | (2) |
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XI The Petition-Producing the Document for Filing |
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443 | (6) |
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6.23 Methods of Printing and Reproducton |
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443 | (6) |
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a Document Formats for Paid and IFP Petitions |
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444 | (1) |
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b Booklet-Format Petitions |
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445 | (4) |
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1 Standard Typesetting Process |
|
|
445 | (1) |
|
|
|
445 | (1) |
|
3 Paper, Margins, Text Field, Binding |
|
|
446 | (1) |
|
4 Exceptional Allowance of Nonconforming Filings |
|
|
446 | (1) |
|
5 Preparation of the Petition Appendix |
|
|
447 | (1) |
|
6 Clerk's Rejection of Nonconforming Papers |
|
|
448 | (1) |
|
7 Opportunity to File Corrected Papers |
|
|
449 | (1) |
|
XII The Petition-Introduction to Structure and Content |
|
|
449 | (3) |
|
6.24 Structure of Petition |
|
|
449 | (3) |
|
|
|
450 | (1) |
|
|
|
450 | (1) |
|
|
|
451 | (1) |
|
XIII The Petition-The Questions Presented |
|
|
452 | (21) |
|
6.25 Content of Questions Presented |
|
|
452 | (12) |
|
a Placement of the Questions Presented |
|
|
453 | (1) |
|
b The "Short" and "Without Unnecessary Detail" Standard |
|
|
454 | (1) |
|
|
|
455 | (1) |
|
|
|
455 | (1) |
|
e The Number of Questions to Ask |
|
|
456 | (1) |
|
f Avoiding Argumentative or Repetitious Questions |
|
|
456 | (1) |
|
g Subsidiary Questions That Are "Fairly Included" |
|
|
457 | (3) |
|
h The Court's Power to Rephrase or Add to the Questions Presented |
|
|
460 | (2) |
|
i Questions to Be Avoided |
|
|
462 | (2) |
|
6.26 Need for Presenting Questions Below and in Petition |
|
|
464 | (8) |
|
a The Court Considers Only Questions Presented in the Petition and Questions Fairly Included Therein |
|
|
464 | (1) |
|
b The Court Does Not Decide Questions Neither Raised Nor Decided Below |
|
|
465 | (1) |
|
c Respondent May Defend Its Judgment on Any Ground Preserved Below |
|
|
466 | (1) |
|
d Court's Consideration of Amicus Arguments |
|
|
467 | (1) |
|
e Limitations Are Prudential and May Be Outweighed by Special Considerations |
|
|
467 | (1) |
|
|
|
468 | (1) |
|
g Court's Power to Consider Jurisdictional Issues |
|
|
469 | (1) |
|
h Court's Broad Discretion in Applying the General Rules |
|
|
470 | (2) |
|
6.27 Adding to or Amending Questions Presented |
|
|
472 | (1) |
|
XIV The Petition Jurisdiction, Statement of Case, and Argument Sections |
|
|
473 | (14) |
|
6.28 Content of Jurisdiction Section |
|
|
473 | (1) |
|
6.29 Discussion of Other Jurisdictional Matters in Statement of the Case |
|
|
474 | (1) |
|
6.30 Content of Statement of the Case |
|
|
475 | (3) |
|
6.31 Content of Reasons for Granting the Petition |
|
|
478 | (9) |
|
|
|
479 | (1) |
|
|
|
480 | (3) |
|
|
|
483 | (2) |
|
|
|
485 | (1) |
|
e Deferring Consideration of a Petition |
|
|
485 | (1) |
|
f Voluntary Dismissal of a Petition |
|
|
486 | (1) |
|
|
|
487 | (3) |
|
|
|
487 | (2) |
|
6.33 Service of Petition on Solicitor General in Certain Cases Involving Constitutionality of Federal Statutes |
|
|
489 | (1) |
|
XVI Cross-Petitions for Certiorari |
|
|
490 | (8) |
|
6.34 Additional Time for Filing Cross-Petition |
|
|
490 | (1) |
|
6.35 When Cross-Petition Is Necessary |
|
|
491 | (6) |
|
6.36 Content of Cross-Petition |
|
|
497 | (1) |
|
|
|
498 | (13) |
|
6.37 Response to Petition for Certiorari |
|
|
498 | (13) |
|
a The Opposition Must Identify Any Misstatement of Fact or Law in the Petition or Risk Waiver |
|
|
498 | (1) |
|
|
|
499 | (1) |
|
c Extension of Time in Which to File |
|
|
500 | (1) |
|
d Format of the Opposition |
|
|
500 | (1) |
|
e Content of the Opposition |
|
|
501 | (1) |
|
f Jurisdictional Statement |
|
|
502 | (1) |
|
|
|
502 | (1) |
|
|
|
503 | (1) |
|
i Reasons for Denying the Petition |
|
|
503 | (6) |
|
1 Dealing With Claims of Conflict |
|
|
505 | (1) |
|
2 Jurisdictional Arguments |
|
|
506 | (1) |
|
3 Other Arguments for Opposing Certiorari |
|
|
507 | (2) |
|
j Length of Brief in Opposition |
|
|
509 | (1) |
|
k Waiver of Brief in Opposition |
|
|
509 | (2) |
|
XVIII Reply and Supplemental Briefs |
|
|
511 | (3) |
|
6.38 Reply Brief by Petitioner |
|
|
511 | (1) |
|
6.39 Supplemental Briefs by Any Party |
|
|
512 | (2) |
|
XIX Amicus Curiae Briefs and Briefs Filed by Invitation |
|
|
514 | (6) |
|
6.40 Amicus Curiae Briefs Supporting or Opposing Petitions for Certiorari |
|
|
514 | (5) |
|
6.41 Briefs of Nonparties Filed by Invitation of the Court |
|
|
519 | (1) |
|
XX Action by the Court on the Certiorari Petition |
|
|
520 | (5) |
|
6.42 What the Court Does With Petitions for Certiorari-Notification to Counsel |
|
|
520 | (1) |
|
6.43 Notification to Lower Court of Denial of Certiorari-Suspension of Order Denying Certiorari |
|
|
521 | (2) |
|
6.44 Petition for Rehearing After Certiorari Is Denied |
|
|
523 | (2) |
| 7 Procedure on Appeals |
|
525 | (30) |
|
|
|
526 | (3) |
|
|
|
526 | (3) |
|
|
|
529 | (8) |
|
7.2 Time for Filing Notice of Appeal |
|
|
529 | (4) |
|
a Time Limits for Filing Notice |
|
|
529 | (2) |
|
b No Extensions for Filing Notice of Appeal |
|
|
531 | (1) |
|
c Method of Computing Time for Filing Notice of Appeal |
|
|
531 | (2) |
|
7.3 Time for Filing Jurisdictional Statement |
|
|
533 | (3) |
|
|
|
534 | (1) |
|
b Untimely Filing of Jurisdictional Statement |
|
|
535 | (1) |
|
7.4 Other Time Considerations and Limitations |
|
|
536 | (1) |
|
III Manner of Taking Appeal to Supreme Court |
|
|
537 | (3) |
|
7.5 Filing and Form of Notice of Appeal in Lower Court |
|
|
537 | (1) |
|
7.6 No Need to File Record at Time of Filing Jurisdictional Statement |
|
|
538 | (1) |
|
|
|
539 | (1) |
|
IV The Jurisdictional Statement |
|
|
540 | (8) |
|
|
|
540 | (1) |
|
|
|
541 | (2) |
|
7.10 Form, Arrangement, and Contents |
|
|
543 | (5) |
|
|
|
543 | (1) |
|
b Lists of Parties and Corporate Disclosures |
|
|
544 | (1) |
|
c Tables of Contents and Authorities |
|
|
544 | (1) |
|
|
|
544 | (1) |
|
e Citation to Opinions Below |
|
|
544 | (1) |
|
|
|
545 | (1) |
|
|
|
545 | (1) |
|
|
|
546 | (1) |
|
i The Argument, Entitled "The Questions Are Substantial" |
|
|
546 | (1) |
|
j Conclusion (Formal) and Names of Counsel |
|
|
547 | (1) |
|
k Appendix Containing Opinions, Judgments, and Findings Below |
|
|
547 | (1) |
|
V Appelee's Motion to Dismiss or Affirm |
|
|
548 | (5) |
|
7.11 Response to Jurisdictional Statement |
|
|
548 | (3) |
|
7.12 Appellant's Opposition to Motion to Dismiss or Affirm |
|
|
551 | (1) |
|
7.13 Supplemental Brief by Any Party |
|
|
552 | (1) |
|
7.14 Briefs Amicus Curiae and Briefs by Invitation of the Court |
|
|
552 | (1) |
|
|
|
553 | (2) |
|
7.15 The Court's Disposition of an Appeal |
|
|
553 | (2) |
| 8 In Forma Pauperis Proceedings |
|
555 | (46) |
|
8.1 In Forma Pauperis Proceedings-In General |
|
|
556 | (3) |
|
8.2 Filing a Case In Forma Pauperis |
|
|
559 | (2) |
|
8.3 Who May Invoke In Forma Pauperis Procedures-Individuals and Artificial Entities |
|
|
561 | (3) |
|
8.4 Filing Time Requirements |
|
|
564 | (1) |
|
8.5 Motion for Leave to Proceed In Forma Pauperis |
|
|
565 | (2) |
|
8.6 Requirement of Filing Supporting Affidavit or Declaration of Poverty-Exceptions |
|
|
567 | (2) |
|
8.7 Form and Content of Supporting Affidavit or Declaration of Poverty-Denial of In Forma Pauperis Status |
|
|
569 | (4) |
|
8.8 Frivolous, Malicious, or Repetitive Petitions- Denial of In Forma Pauperis Status, Dismissal of Petitions for Certiorari, Barring of Future Filings |
|
|
573 | (5) |
|
8.9 Substantive Document Accompanying the Motion and Affidavit or Declaration |
|
|
578 | (4) |
|
8.10 Docketing the In Forma Pauperis Case- Proof of Service |
|
|
582 | (1) |
|
8.11 Filing Certified Record Not Part of the Docketing Process |
|
|
583 | (2) |
|
8.12 Response to In Forma Pauperis Petition or Jurisdictional Statement |
|
|
585 | (1) |
|
8.13 The Court's Consideration of In Forma Pauperis Papers |
|
|
586 | (2) |
|
8.14 Court Appointment of Counsel in In Forma Pauperis Cases |
|
|
588 | (9) |
|
a No Appointment of Counsel by the Supreme Court Before Grant of Review |
|
|
588 | (6) |
|
b Appointment of Counsel by the Supreme Court After Grant of Review |
|
|
594 | (3) |
|
8.15 Duties of Court-Appointed Counsel |
|
|
597 | (1) |
|
8.16 Reimbursement and Compensation of Court-Appointed Counsel |
|
|
598 | (3) |
| 9 Certified Questions |
|
601 | (16) |
|
9.1 Jurisdiction to Review Certified Questions |
|
|
601 | (2) |
|
9.2 Form and Content of Certificates |
|
|
603 | (4) |
|
9.3 Procedure When Case Is Certified |
|
|
607 | (3) |
|
9.4 Certification by the Supreme Court of Questions of State Law to a State Appellate Court |
|
|
610 | (7) |
| 10 Original Cases |
|
617 | (40) |
|
|
|
618 | (22) |
|
10.1 Constitutional and Statutory Provisions |
|
|
618 | (4) |
|
10.2 Suits Between Two or More States |
|
|
622 | (5) |
|
10.3 Cases Affecting Ambassadors, Other Public Ministers, and Consuls |
|
|
627 | (2) |
|
10.4 Controversies Between the United States and a State |
|
|
629 | (2) |
|
10.5 Suits by a State Against Citizens of Another State or Against Aliens |
|
|
631 | (4) |
|
10.6 Factors Relevant to the Decision to Decline Original Jurisdiction |
|
|
635 | (5) |
|
|
|
640 | (17) |
|
10.7 In General-The Preliminary Sifting |
|
|
640 | (2) |
|
10.8 Preparation and Filing of Pleadings and Supporting Brief |
|
|
642 | (3) |
|
10.9 Brief in Opposition and Answer |
|
|
645 | (1) |
|
10.10 Intervention by the United States and Other Parties-Amicus Curiae Briefs |
|
|
646 | (3) |
|
10.11 Procedural Steps After the Court Passes on Motion for Leave to File Complaint |
|
|
649 | (3) |
|
10.12 Proceedings Before a Special Master |
|
|
652 | (3) |
|
10.13 Right to Jury Trial |
|
|
655 | (2) |
| 11 Extraordinary Writs |
|
657 | (30) |
|
|
|
657 | (25) |
|
|
|
657 | (6) |
|
11.2 Bases for Issuance of Writs of Mandamus, Prohibition, and Certiorari |
|
|
663 | (8) |
|
a Forcing Lower Courts to Comply With Appellate Mandate |
|
|
665 | (1) |
|
b Correcting Jurisdictional Error |
|
|
666 | (4) |
|
c Protecting Appellate Jurisdiction of Supreme Court |
|
|
670 | (1) |
|
11.3 Bases for Issuance of "Original" Writs of Habeas Corpus |
|
|
671 | (11) |
|
|
|
682 | (5) |
|
|
|
682 | (2) |
|
11.5 Common-Law Writ of Certiorari |
|
|
684 | (1) |
|
11.6 Writs of Mandamus and Prohibition |
|
|
684 | (1) |
|
11.7 Writ of Habeas Corpus |
|
|
684 | (1) |
|
|
|
685 | (2) |
| 12 Preparing and Printing the Joint Appendix |
|
687 | (26) |
|
|
|
688 | (2) |
|
12.1 The Joint Appendix System |
|
|
688 | (2) |
|
|
|
690 | (2) |
|
12.2 Alternative Time Limitations for Filing the Joint Appendix |
|
|
690 | (2) |
|
a The Preferred Rule 26.1 Joint Appendix |
|
|
690 | (1) |
|
b The Deferred Appendix Is Not Favored |
|
|
691 | (1) |
|
|
|
692 | (2) |
|
12.3 Making References in Briefs to a Deferred Joint Appendix or the Record |
|
|
692 | (2) |
|
a Citing the Record Rather Than the Appendix |
|
|
693 | (1) |
|
b Filing Briefs in Page-Proof Form |
|
|
693 | (1) |
|
IV Designating and Preparing the Contents of the Appendix |
|
|
694 | (7) |
|
12.4 Items Required to Be Included in the Joint Appendix |
|
|
694 | (3) |
|
a Table of Contents and List of Relevant Docket Entries |
|
|
694 | (1) |
|
b Opinions, Decisions, Orders, and Judgments Below |
|
|
695 | (1) |
|
|
|
695 | (1) |
|
d Other Relevant Parts of the Record |
|
|
696 | (1) |
|
12.5 Agreement, Designation, and Cross-Designation as to Inclusion of Nonmandatory Items |
|
|
697 | (2) |
|
a Designation of Record Material for Inclusion in the Joint Appendix |
|
|
697 | (1) |
|
b Non-Record Material Should Not Be Included in the Joint Appendix |
|
|
698 | (1) |
|
|
|
698 | (1) |
|
d Failure of Party to Designate |
|
|
699 | (1) |
|
12.6 Assembling Portions of the Record to Be Included in the Joint Appendix |
|
|
699 | (2) |
|
a Preparing the Joint Appendix From an Appendix or Record Filed Below |
|
|
699 | (1) |
|
b Assembling Joint Appendix Materials When There Was No Appendix Below |
|
|
700 | (1) |
|
|
|
701 | (9) |
|
12.7 Methods of Printing or Reproducing the Joint Appendix-Number of Copies Required |
|
|
701 | (1) |
|
12.8 The Clerk's Suggestions as to Printing the Joint Appendix |
|
|
702 | (4) |
|
a Clerk's Memorandum on Printing the Joint Appendix |
|
|
702 | (3) |
|
b Clerk's Sample Cover of a Joint Appendix |
|
|
705 | (1) |
|
12.9 Who Bears Initial and Ultimate Cost of Reproducing the Joint Appendix |
|
|
706 | (1) |
|
a The Initial Cost of Preparing the Joint Appendix |
|
|
706 | (1) |
|
b Taxing the Cost of Printing the Joint Appendix |
|
|
706 | (1) |
|
12.10 Use of Appendix or Record in Another Case |
|
|
707 | (1) |
|
12.11 Dispensing With Requirements as to a Printed Joint Appendix |
|
|
708 | (2) |
|
a Waiver of the Printing Requirement |
|
|
708 | (1) |
|
b Use of the Internet to Supplement Record Facts |
|
|
709 | (1) |
|
VI Clerk's Return of the Record |
|
|
710 | (3) |
|
12.12 Return of Certified Record Following Disposition of Case |
|
|
710 | (3) |
| 13 The Briefs on the Merits |
|
713 | (50) |
|
13.1 Time Schedule for Filing |
|
|
714 | (3) |
|
a Opening Brief on the Merits |
|
|
715 | (1) |
|
b Opposing Brief on the Merits |
|
|
715 | (1) |
|
|
|
716 | (1) |
|
|
|
716 | (1) |
|
|
|
716 | (1) |
|
f Extensions and Reductions of Time for Filing Briefs |
|
|
716 | (1) |
|
13.2 Physical Form, Number, and Color |
|
|
717 | (1) |
|
|
|
718 | (3) |
|
13.4 Names of Counsel of Record and Other Attorneys |
|
|
721 | (1) |
|
|
|
721 | (1) |
|
13.6 Form of Citations and References to Parties |
|
|
721 | (3) |
|
13.7 Organization of Brief |
|
|
724 | (2) |
|
13.8 Content of the Questions Presented |
|
|
726 | (1) |
|
13.9 Content of the Statement of the Case |
|
|
727 | (2) |
|
13.10 Content of the Summary of Argument |
|
|
729 | (3) |
|
13.11 Content of the Argument |
|
|
732 | (14) |
|
a Argumentative Headings and Subheadings |
|
|
732 | (1) |
|
|
|
732 | (1) |
|
c Use Good, Clear English |
|
|
733 | (1) |
|
d Selection and Arrangement of Points |
|
|
733 | (1) |
|
e Follow Your Own Pattern |
|
|
734 | (1) |
|
f Argue Reasons and Principles |
|
|
734 | (2) |
|
|
|
736 | (2) |
|
h Statutes and Legislative History |
|
|
738 | (4) |
|
|
|
742 | (1) |
|
j Avoid Personalities or Scandalous Matter |
|
|
743 | (1) |
|
k Facts Outside the Record-General Rule |
|
|
743 | (3) |
|
1 Facts Subject to Judicial Notice |
|
|
744 | (1) |
|
|
|
745 | (1) |
|
3 Facts Relating to Mootness-Disclosing Subsequent Relevant Developments |
|
|
745 | (1) |
|
l Vary the Type Style Whenever Appropriate |
|
|
746 | (1) |
|
13.12 Preparing the Brief |
|
|
746 | (2) |
|
|
|
747 | (1) |
|
b Finalization, Proofreading, and Cite-Checking |
|
|
748 | (1) |
|
|
|
748 | (1) |
|
13.14 Amicus Curiae Briefs |
|
|
749 | (11) |
|
13.15 Supplemental Briefs |
|
|
760 | (3) |
| 14 Oral Argument |
|
763 | (62) |
|
14.1 Importance of Oral Argument |
|
|
764 | (5) |
|
14.2 Submission Without Oral Argument by Counsel Disfavored |
|
|
769 | (3) |
|
14.3 When Oral Arguments Are Heard |
|
|
772 | (1) |
|
14.4 Date of Argument-Advancements |
|
|
773 | (3) |
|
|
|
776 | (4) |
|
14.6 Time and Order of Arguments in Consolidated and Companion Cases |
|
|
780 | (1) |
|
14.7 Argument by Amici Curiae |
|
|
781 | (2) |
|
14.8 When Counsel Must Be Present |
|
|
783 | (1) |
|
|
|
783 | (5) |
|
a Registration of Counsel and Seating in the Courtroom |
|
|
783 | (2) |
|
|
|
785 | (1) |
|
|
|
786 | (1) |
|
|
|
786 | (1) |
|
e Speaking Into Microphone |
|
|
787 | (1) |
|
|
|
787 | (1) |
|
|
|
788 | (1) |
|
14.10 Time Allowed for Argument |
|
|
788 | (3) |
|
a Requests for Additional Time |
|
|
789 | (1) |
|
|
|
789 | (1) |
|
|
|
790 | (1) |
|
14.11 Impact of Questions on Time Limitations |
|
|
791 | (1) |
|
14.12 Opening and Closing by Appellant or Petitioner |
|
|
792 | (1) |
|
14.13 Methods of Preparing for Argument |
|
|
792 | (5) |
|
14.14 Content of Argument-In General |
|
|
797 | (1) |
|
14.15 Beginning the Argument |
|
|
797 | (2) |
|
14.16 Presenting the Facts |
|
|
799 | (3) |
|
14.17 Presenting the Argument on the Law |
|
|
802 | (4) |
|
a Emphasize Reasoning, Not Authority |
|
|
802 | (1) |
|
b Get to the Heart of the Case |
|
|
803 | (1) |
|
|
|
804 | (1) |
|
d Candidly Discuss Relevant New Legal Developments |
|
|
805 | (1) |
|
14.18 Reading and Quoting |
|
|
806 | (1) |
|
14.19 Flexibility and Questioning |
|
|
807 | (7) |
|
14.20 Rebuttal Arguments-Anticipating Opponent's Argument |
|
|
814 | (1) |
|
14.21 Respondent's and Appellee's Arguments |
|
|
814 | (1) |
|
14.22 Avoidance of Common Mistakes |
|
|
815 | (3) |
|
14.23 Use of Maps, Charts, Models, and Motion Pictures |
|
|
818 | (2) |
|
14.24 Submission of Additional Memoranda or Briefs Following Oral Argument |
|
|
820 | (2) |
|
14.25 Conducting Oral Argument In Camera |
|
|
822 | (3) |
| 15 Petitions for Rehearing and Final Disposition of Cases |
|
825 | (32) |
|
I Petitions for Rehearing |
|
|
826 | (22) |
|
|
|
826 | (3) |
|
|
|
829 | (2) |
|
15.3 Power to Grant Untimely Petitions |
|
|
831 | (5) |
|
|
|
831 | (2) |
|
b The "Interests of Justice" |
|
|
833 | (3) |
|
15.4 Limitation on Power to Grant Untimely Petitions in Tax Court Cases |
|
|
836 | (1) |
|
15.5 Proportion of Rehearings Granted |
|
|
836 | (1) |
|
15.6 Occasion for Petitioning for Rehearing |
|
|
837 | (8) |
|
a After Decision on the Merits |
|
|
837 | (4) |
|
b After Denial of Certiorari |
|
|
841 | (4) |
|
|
|
845 | (3) |
|
II Final Disposition of Cases |
|
|
848 | (9) |
|
15.8 Judgments and Mandates |
|
|
848 | (1) |
|
15.9 Interest and Damages |
|
|
849 | (4) |
|
15.10 Costs and Attorneys' Fees |
|
|
853 | (4) |
| 16 Motions and Applications |
|
857 | (14) |
|
|
|
858 | (2) |
|
|
|
860 | (1) |
|
16.3 When Motions Must Be in Booklet Format |
|
|
861 | (1) |
|
16.4 How Motions Are Presented-Oral Motions |
|
|
861 | (1) |
|
|
|
862 | (1) |
|
|
|
863 | (1) |
|
16.7 Special Considerations Governing Applications to Individual Justices |
|
|
864 | (1) |
|
16.8 Particular Motions, Including Motions to Dismiss Case |
|
|
865 | (3) |
|
a Motions to Dismiss One's Own Case |
|
|
866 | (1) |
|
b Motions to Dismiss Opponent's Case |
|
|
866 | (1) |
|
|
|
867 | (1) |
|
16.9 Clerk's Power to Act on Certain Applications for Extensions of Time-Appeals to Court |
|
|
868 | (3) |
| 17 Stays, Injunctions, and Bail |
|
871 | (52) |
|
|
|
872 | (5) |
|
|
|
872 | (3) |
|
17.2 Procedure on Applications for Interim Relief |
|
|
875 | (2) |
|
II Stays and Temporary Injunctions |
|
|
877 | (34) |
|
17.3 Need for Stays or Temporary Injunctions |
|
|
877 | (1) |
|
17.4 Authority for Stays and Temporary Injunctions |
|
|
878 | (2) |
|
17.5 Stays and Temporary Injunctions Pending Supreme Court Review |
|
|
880 | (1) |
|
17.6 Stays and Temporary Injunctions Pending Appeal in a Court of Appeals |
|
|
881 | (3) |
|
17.7 Stays of Interlocutory Order |
|
|
884 | (3) |
|
17.8 Need to Seek Relief in Lower Courts |
|
|
887 | (2) |
|
17.9 Application to Individual Justice |
|
|
889 | (2) |
|
17.10 Reapplication to Different Justice After Denial |
|
|
891 | (1) |
|
17.11 Altering or Vacating Stay Granted by Lower Court or by Individual Justice |
|
|
892 | (2) |
|
17.12 Action on Application to Individual Justice-Referrals to Full Court |
|
|
894 | (4) |
|
17.13 Grounds for Granting Stays and Temporary Injunctions |
|
|
898 | (12) |
|
a Irreparable Injury and Balancing Equities |
|
|
899 | (4) |
|
b Whether the Court Is Likely to Review the Case and Reverse |
|
|
903 | (4) |
|
c Weight to Be Accorded Rulings of Judges Below |
|
|
907 | (1) |
|
|
|
908 | (2) |
|
17.14 Opposing an Application for a Stay-Reply |
|
|
910 | (1) |
|
III Bail, Release, and Detention |
|
|
911 | (12) |
|
17.15 Bail, Release, and Detention in Federal Criminal Cases |
|
|
911 | (2) |
|
17.16 Release and Detention by Circuit Justices Prior to Certiorari Proceedings |
|
|
913 | (3) |
|
17.17 Release or Detention Pending Certiorari Proceedings |
|
|
916 | (1) |
|
17.18 Revocation of Release Orders |
|
|
917 | (1) |
|
17.19 Reduction or Alteration of Release Conditions Fixed by Court Below |
|
|
918 | (1) |
|
17.20 Bail for Individuals Committed Under State Authority |
|
|
918 | (2) |
|
17.21 Custody and Release Pending Review of Habeas Corpus Decisions |
|
|
920 | (3) |
| 18 Capital Cases |
|
923 | (20) |
|
|
|
923 | (1) |
|
18.2 Stays of Death Sentences |
|
|
924 | (2) |
|
18.3 Stays on Direct Review |
|
|
926 | (1) |
|
18.4 Stays on Collateral Review |
|
|
927 | (3) |
|
18.5 Stays on Successive Federal Habeas Corpus Petitions |
|
|
930 | (4) |
|
18.6 Stays Based on Challenges to the Method of Execution |
|
|
934 | (2) |
|
18.7 Vacating Stays Granted by Lower Courts |
|
|
936 | (2) |
|
18.8 Stays, Certiorari, and the Rule of Four |
|
|
938 | (5) |
| 19 Justiciability: Standing, Mootness, and Abatement |
|
943 | (38) |
|
|
|
944 | (7) |
|
19.1 Standing to Raise Constitutional Issues in the Supreme Court |
|
|
944 | (7) |
|
a Article III Requirements |
|
|
945 | (2) |
|
b Prudential Considerations |
|
|
947 | (4) |
|
II Introduction to Mootness and Abatement |
|
|
951 | (2) |
|
19.2 Termination of Controversies Through Mootness or Abatement |
|
|
951 | (2) |
|
|
|
953 | (19) |
|
|
|
953 | (13) |
|
|
|
954 | (3) |
|
|
|
957 | (3) |
|
|
|
960 | (2) |
|
|
|
962 | (4) |
|
19.4 Presentation of Facts With Respect to Mootness, Abatement, or Change of Law |
|
|
966 | (4) |
|
19.5 Form of Order to Be Requested When Case Is Mooted |
|
|
970 | (2) |
|
|
|
972 | (9) |
|
19.6 Automatic Substitution of New Public Officer to Prevent Abatement |
|
|
972 | (3) |
|
19.7 Death of a Party While Case Is Pending in the Supreme Court |
|
|
975 | (3) |
|
19.8 Nonappealability of Rulings in Abatement |
|
|
978 | (3) |
| 20 Admissions to the Bar and Disbarment |
|
981 | (26) |
|
20.1 The Supreme Court Bar's Scope and Importance |
|
|
981 | (3) |
|
20.2 Requirements for Admission |
|
|
984 | (1) |
|
20.3 Application Form and Certificate of Admission From "Highest Court" |
|
|
985 | (3) |
|
|
|
988 | (7) |
|
|
|
989 | (1) |
|
|
|
989 | (3) |
|
|
|
992 | (1) |
|
d Good Moral and Professional Character |
|
|
993 | (2) |
|
20.5 Change of Attorney's Name and Address on Records of the Court |
|
|
995 | (1) |
|
20.6 Appearance of Counsel-Withdrawal of Appearance |
|
|
995 | (1) |
|
20.7 Admission of Counsel Pro Hac Vice-Foreign Counsel |
|
|
996 | (1) |
|
20.8 Disbarment, Disciplinary Action, and Resignation From the Bar |
|
|
997 | (10) |
| Appendix I. Rules of the Supreme Court of the United States |
|
1007 | (84) |
| Appendix II. Clerk's Guidelines Regarding Filing Cases |
|
1091 | (36) |
|
A Guide to Filing Paid Cases |
|
|
1092 | (10) |
|
|
|
1102 | (1) |
|
C Guide to Filing In Forma Pauperis Cases |
|
|
1103 | (24) |
| Appendix III. Clerk's Guidelines Regarding Cases Selected for Review |
|
1127 | (32) |
|
A Letter Upon Grant of Certiorari |
|
|
1128 | (1) |
|
B Memorandum Regarding Briefs on the Merits |
|
|
1129 | (2) |
|
C Memorandum Regarding Printing the Joint Appendix |
|
|
1131 | (3) |
|
D Guidelines for Electronic Submission of Briefs on the Merits |
|
|
1134 | (2) |
|
E Guide for Counsel in Cases to be Argued |
|
|
1136 | (23) |
| Appendix IV. Forms |
|
1159 | (148) |
|
Forms Used in Connection With Petitions for Certiorari |
|
|
|
A Application for Extension of Time to File Petition for Certiorari or to Docket a Case on Appeal |
|
|
1161 | (2) |
|
B The Rule 29.6 Corporate Disclosure Statement |
|
|
1163 | (1) |
|
C Petition for Writ of Certiorari |
|
|
1164 | (22) |
|
D Affidavit or Declaration of Mailing |
|
|
1186 | (1) |
|
E Notification to Other Parties of Filing of Petition |
|
|
1187 | (1) |
|
F Request to Clerk for Extension of Time to File Briefs, Motions, and Other Documents |
|
|
1188 | (1) |
|
G Brief in Opposition to Certiorari |
|
|
1189 | (12) |
|
H Short Forms of Opposition to Certiorari |
|
|
1201 | (2) |
|
I Petitioner's Reply to Brief in Opposition |
|
|
1203 | (7) |
|
J Application for Suspension of Order Denying Certiorari Pending Rehearing |
|
|
1210 | (1) |
|
K Petition for Rehearing of Order Denying Certiorari |
|
|
1211 | (6) |
|
L Motion for Leave to File Out-of-Time Petition for Rehearing of Order Denying Certiorari |
|
|
1217 | (1) |
|
Forms Used in Connection With Appeals |
|
|
|
|
|
1218 | (1) |
|
N Jurisdictional Statement |
|
|
1219 | (11) |
|
O Motion to Dismiss or Affirm |
|
|
1230 | (6) |
|
Original Cases and Extraordinary Writs |
|
|
|
P Original Case-Motion for Leave to File Complaint, Complaint, and Brief in Support of Motion for Leave to File |
|
|
1236 | (19) |
|
Q Petition for Common-Law Writ of Certiorari Under 28 U.S.C. §1651 |
|
|
1255 | (1) |
|
R Petition for Writ of Mandamus |
|
|
1256 | (2) |
|
|
|
|
S Certificate of Questions From Court of Appeals |
|
|
1258 | (2) |
|
T Certificate of State Court as to Existence of a Federal Question |
|
|
1260 | (1) |
|
|
|
|
|
|
1261 | (10) |
|
|
|
|
V Joint Appendix to Be Prepared Following Grant of Review |
|
|
1271 | (3) |
|
W Letter to Clerk as to Costs of Preparing Joint Appendix |
|
|
1274 | (1) |
|
Release and Stay Applications |
|
|
|
X Application for Release Pending Appeal in Court of Appeals or Pending Certiorari |
|
|
1275 | (3) |
|
Y Application for Stay of Mandate of Lower Court |
|
|
1278 | (10) |
|
|
|
|
Z Motion to Dismiss by Petitioner or Appellant |
|
|
1288 | (2) |
|
AA Motion for Leave to File a Brief as Amicus Curiae |
|
|
1290 | (1) |
|
BB Memorandum Suggesting That the Case Is Moot |
|
|
1291 | (1) |
|
CC Motion to Advance Oral Argument |
|
|
1292 | (2) |
|
DD Motion for Leave to Increase Number of Counsel Arguing |
|
|
1294 | (1) |
|
EE Motion to Extend the Time for Oral Argument |
|
|
1295 | (1) |
|
FF Petition for Leave to Intervene to File Petition for Ceriorari |
|
|
1296 | (5) |
|
GG Motion to Substitute Party |
|
|
1301 | (2) |
|
HH Notifications to Clerk Respecting Omitted Parties |
|
|
1303 | (4) |
| Appendix V. Statutes and Regulations |
|
1307 | (42) |
|
A Organization of Supreme Court |
|
|
1308 | (1) |
|
|
|
1309 | (3) |
|
|
|
1312 | (1) |
|
D Resignation and Retirement |
|
|
1312 | (1) |
|
E Printing the Court's Decisions |
|
|
1313 | (1) |
|
F General Provisions for All Courts |
|
|
1313 | (1) |
|
|
|
1314 | (3) |
|
H Jurisdiction, Venue, and Fees |
|
|
1317 | (6) |
|
|
|
1323 | (1) |
|
J Filing Time Requirements |
|
|
1324 | (2) |
|
K Supreme Court Quorum; Harmless Error |
|
|
1326 | (1) |
|
L Habeas Corpus Procedures |
|
|
1327 | (7) |
|
M Special Habeas Corpus (AEDPA) Procedures |
|
|
1334 | (4) |
|
N Federal Appellate Rules 41 and 44 |
|
|
1338 | (1) |
|
|
|
1339 | (1) |
|
P District of Columbia Courts |
|
|
1340 | (1) |
|
Q Supreme Court Building and Grounds |
|
|
1341 | (4) |
|
R Building and Grounds Regulations |
|
|
1345 | (4) |
| Appendix VI. Admission to the Bar |
|
1349 | (6) |
|
A Application for Admission to Practice |
|
|
1350 | (2) |
|
B Instructions for Admission to the Bar |
|
|
1352 | (1) |
|
C Group Instructions-Admission to the Bar on Argument Days |
|
|
1353 | (1) |
|
D Large Group Instructions-Admission to the Bar on Non-Argument Days |
|
|
1354 | (1) |
| Table of Cases |
|
1355 | (68) |
| Subject Index |
|
1423 | (54) |
| Table of Rules and Laws |
|
1477 | |
