Monday, March 21, 2011

Ungranted issues in granted cases

The Supreme Court today denied certiorari in Diamond v. United States, No. 10-922. NIMJ filed an amicus brief in Diamond on whether certiorari jurisdiction exists to review issues as to which the Court of Appeals has not granted review, where review has been granted with respect to other issues in a case. Also at issue was the validity of the Court of Appeals' recent rule change requiring some petitioners for a grant of review to state the issues they hope to include in a certiorari petition if the Court of Appeals were to grant their petition for review. Despite the denial of certiorari in Diamond, these systemic issues need clarification. Counsel considering whether to seek certiorari with respect to ungranted issues in granted cases are therefore invited to contact NIMJ for possible submission of an amicus brief in support of certiorari. NIMJ reminds readers that we will also file in support of the government in an appropriate case, as we did in Clinton v. Goldsmith, 526 U.S. 529 (1999).