Today's first  ï»¿petition of the day is: 

Davis v. Humphrey

Docket: 10-949
Issue(s): Whether the court of appeals has jurisdiction under 28 U.S.C. §§ 1291 and 2253 to review a district court's final order on a habeas petition that was transferred to the district court from the Supreme Court.

Certiorari stage documents:

Today’s second petition of the day is:

Davis v. Humphrey

Docket: 10-950
Issue(s): 1) Whether Sawyer v. Whitley (1992), supplies the appropriate burden of proof for a claim that the execution of an innocent person violates the Eighth Amendment; 2) whether, in the context of an actual innocence proceeding, the district court gave proper consideration to evidence that the alternative suspect confessed in accordance with House v. Bell (2006), and Schlup v. Delo (1995); 3) whether, through witness testimony, the petitioner established his innocence to the requisite degree to render his execution unconstitutional under the Eighth Amendment; and 4) whether the court of appeals has jurisdiction under 28 U.S.C. §§ 1291 and 2253 to review the district court's final order in the first instance?

Certiorari stage documents:

 

Posted in Davis v. Humphrey, Davis v. Humphrey, Cases in the Pipeline

Recommended Citation: Conor McEvily, Petition of the day, SCOTUSblog (Mar. 2, 2011, 8:40 AM), http://www.scotusblog.com/2011/03/petition-of-the-day-90/