Whether an individual who freely leaves but fails to return to the halfway house where he resides on supervised release has committed the felony offense of “escape” from “custody” under 18 U.S.C. § 751(a).
Whether a taxpayer may prove the timely filing of a tax refund claim through evidence other than an actual postmarked envelope or a registered or certified mail receipt, as the Third, Eighth, Ninth, and Tenth Circuits and the Tax Court have held, or whether the only evidence admissible to establish timely filing is the envelope or receipt itself, as the First, Second, and Sixth Circuits have held.
Whether the requirement that all defendants in a state court action subject to removal must either join in a
timely notice of removal or consent to removal the consent is satisfied by a mere
representation from counsel for the removing defendant
that all codefendants consent to removal
(the rule in the Fourth, Sixth and Ninth Circuits)
or must each codefendant file a timely written
statement of consent with the court (the rule in the
Fifth, Seventh and Eighth Circuits).
(1) Whether §307(b)(1) of the Clean Air Act allows petitioning for direct
review within 60 days of the denial of a petition under 5 U.S.C. § 553(e)
petition that presents after-arising issues; (2) whether § 307(b)(1) prohibits indirect review of an
agency rule – outside the original 60-day window – if
made as part of a timely challenge to new agency
action that applies the prior rule.
On Monday the Court issued orders from its December 6 Conference. (As Lyle reported the Court granted one new case from that Conference on Friday afternoon.) On Tuesday the Court issued one opinion and one dismissal. On Wednesday at 10:00 a.m., we expect one or more opinions in argued cases. We will begin live blogging at 9:45. This is the second week of the December sitting; the hearing list for this sitting is here.