Supreme Court Preview

Published for NC Criminal Law on October 01, 2009.

The United States Supreme Court starts its Term each year on the first Monday in October. This year's Term begins next Monday, October 5! The Court will start off with three straight days of oral argument. (The calendar of cases to be hear the first week is here.) More arguments will follow the next week, and then there will be none until November. (The calendar of argument days this Term is here.) It will start issuing opinions around the end of the year, and will continue until June of next year. The Court has granted certiorari in more than 50 cases so far -- a slightly outdated list is here -- presumably with a few more to come. Although the Court's caseload has dropped dramatically in recent years, it is still averaging about 80 cases per Term, according to this provocative New York Times analysis. I don't know the rule on this, but it seems as though if certiorari is granted by December or January, the case gets heard as part of this Term, while if it is granted later than that, the case becomes part of the next Term. If anyone knows the details, please chime in. In any event, the Term is shaping up to be an interesting one from a criminal law perspective. Here's a highly selective, somewhat arbitrary, and almost certainly somewhat inaccurate description of a few of the cases to watch (and issues to preserve, in some instances). 1. Padilla v. Kentucky, which involves another Jose [...]