The US Supreme Court today decided a rather narrow victim restitution issue in a mortgage fraud case, Robers v. United States. Ronald Mann has this analysis on SCOTUSblog.
The high court also summarily reversed a summary judgment for the police officer in an excessive force case, Tolan v. Cotton. There were sufficient disputed facts to go to trial. Justice Alito agrees with the result but questions why this one case was plucked out the stream of cases. It seems to be the exemplar of the kind of case SCOTUS passes up regardless of whether the lower court's decision is right or wrong. That is, it is the application of settled law to particular facts with little potential to blaze any new legal trail or settle any disagreement between lower courts on a recurring question.
Also on today's orders list is Beard v. Aguilar, No. 13-677, California's petition seeking review of a Ninth Circuit decision overturning a murder conviction. The underlying issue is the reliability of dog alerts as evidence and disclosure of previous false hits. The Ninth Circuit said the California Court of Appeal's rejection of the claim was an unreasonable application of Brady v. Maryland. Justice Alito, joined by Justice Scalia, dissents from denial of certiorari with only a cite to his Tolan concurrence, described above. I gather he means to point out that the Court took Tolan even while letting other wrong decisions pass by.
Town of Greece v. Galloway is yet another case on opening public proceedings with prayers. FWIW, SCOTUS opens its own sessions with "God save this honorable court."
In the orders list, the court took up for full briefing and argument two civil cases. Ryan v. Hurles is relisted yet again.
The high court also summarily reversed a summary judgment for the police officer in an excessive force case, Tolan v. Cotton. There were sufficient disputed facts to go to trial. Justice Alito agrees with the result but questions why this one case was plucked out the stream of cases. It seems to be the exemplar of the kind of case SCOTUS passes up regardless of whether the lower court's decision is right or wrong. That is, it is the application of settled law to particular facts with little potential to blaze any new legal trail or settle any disagreement between lower courts on a recurring question.
Also on today's orders list is Beard v. Aguilar, No. 13-677, California's petition seeking review of a Ninth Circuit decision overturning a murder conviction. The underlying issue is the reliability of dog alerts as evidence and disclosure of previous false hits. The Ninth Circuit said the California Court of Appeal's rejection of the claim was an unreasonable application of Brady v. Maryland. Justice Alito, joined by Justice Scalia, dissents from denial of certiorari with only a cite to his Tolan concurrence, described above. I gather he means to point out that the Court took Tolan even while letting other wrong decisions pass by.
Town of Greece v. Galloway is yet another case on opening public proceedings with prayers. FWIW, SCOTUS opens its own sessions with "God save this honorable court."
In the orders list, the court took up for full briefing and argument two civil cases. Ryan v. Hurles is relisted yet again.
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