This edition of "Petitions to watch" features cases up for consideration at the Justices' January 21 conference.  These are petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues.

City of Santa Rosa, California v. DeSantis

Docket: 10-434
Issue(s): (1) Whether a police officer is entitled to qualified immunity for the shooting of someone believed to be armed when alternative force options were available to other officers at the scene but not to the individual officer; (2) whether such conduct can evidence a purpose to harm without legitimate law enforcement purpose sufficient to support a Fourteenth Amendment claim against the officer; and (3) whether a court should deny qualified immunity to an officer based only on a portion of the plaintiff's testimony when six police officers and an independent eye witness testified that no reasonable trier of fact would find in the plaintiff's favor based on the entire record.

Certiorari stage documents:

Terry v. Tyson Farms, Inc.

Docket: 10-542
Issue(s): (1) Whether an injury to competition must be pleaded and proved to establish liability for violation of § 192(a) and (b) of the Packers and Stockyards Act; and (2) whether, assuming that § 192 is ambiguous, the courts should have deferred, under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., to Department of Agriculture decisions holding that § 192(a) and (b) does not require a showing of injury to competition.

Certiorari stage documents:

Gangi v. Verizon New England, Inc.

Note: Goldstein, Howe & Russell represents the petitioner in this case, which is listed without regard to its likelihood of being granted
Docket: 10-544
Issue(s): In 2001, the FCC determined that all calls to the internet are "jurisdictionally interstate" and established rate caps for internet-bound calls. (1) Whether states retain authority to regulate rates for the intrastate portion of telephone calls to (or from) the internet; and (2) whether parties to an interconnection agreement approved by a state commission may seek disputed interconnection charges in court without having first obtained a determination from the state commission.

Certiorari stage documents:

Asworth, LLC v. Kentucky Department of Revenue, Finance, and Administration Cabinet

Docket: 10-662
Issue(s): 1) Whether a state violates the Commerce Clause by subjecting an out- of-state corporate partner to income tax when the partner has no property or employees in the state and the partner's only connection with the state is the holding of passive investment interests in entities that have in-state business operations; and 2) whether a state violates the Due Process Clause by enacting non-curative tax legislation that retrospectively denies interest on overpayments of court-ordered tax refunds on a retroactive basis of up to seventeen years.

Certiorari stage documents:

Morris v. Swofford

Docket: 10-712
Issue(s): 1) When two deputy sheriffs enter a property searching for felony suspects, and the deputies are forced to fire on the armed property owner in self-defense, are the circumstances of the deputies’ initial entry onto the property relevant to the constitutionality of their subsequent use of force against the property owner; and 2) where two deputy sheriffs enter a property searching for felony suspects, and the property owner confronts them with a gun, is it clearly established, for purposes of qualified immunity, that the Fourth Amendment requires the deputies give a warning prior to shooting the property owner in self-defense?

Certiorari stage documents:

Miccosukee Tribe v. Kraus-Anderson Construction Co.

Docket: 10-717
Issue(s): Whether an action to obtain recognition of an Indian tribal court judgment presents a federal question under 28 U.S.C. § 1331.

Certiorari stage documents:

CVSG Information:

The following petitions have been re-listed for the conference of January 21.  If any other paid petitions are re-distributed for this conference, we will add them below as soon as their re-distribution is noted on the docket.

Swarthout v. Cooke

Docket: 10-333
Issue(s): Whether a federal court may grant habeas corpus relief to a state prisoner based on its view that the state court erred in applying the state-law standard of evidentiary sufficiency governing state parole decisions.

Certiorari stage documents:

Howes v. Fields (Granted )

Docket: 10-680
Issue(s): Whether this Court's clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always "in custody" for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison regardless of the surrounding circumstances.

Certiorari stage documents:

Brooks v. Gaenzle

Docket: 10-621
Issue(s): Whether a fleeing suspect, who was intentionally shot in the back by police but not immediately arrested, was “seized” for Fourth Amendment purposes.

Certiorari stage documents:

Posted in Cases in the Pipeline

Recommended Citation: Christa Culver, Petitions to watch | Conference of 01.21.11, SCOTUSblog (Jan. 20, 2011, 12:57 PM), http://www.scotusblog.com/2011/01/petitions-to-watch-conference-of-01-21-11/