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The Cockle Bur Blog

Legal minds on legal matters and whatever else strikes our fancy.

20 Jun, 2017

Rule 23: A Guide to Stays

Author |Constitutional Law, Supreme Court|0 Comments

The Supreme Court receives thousands of briefs each term. In addition to the typical petitions, briefs in opposition, amicus briefs, and various other briefs, the Justices also receive applications for stays. These applications are typically requesting a stay of execution, but may request a stay on other types of orders as well.

Applications for stays are […]

16 Jun, 2017

June 16th: Recently Filed Petition

Author |Briefs Filed|0 Comments

Hamilton v. Pallozzi, filed on June 15th

 

To read this Supreme Court petition, click the heading to open this post, then follow the link!

15 Jun, 2017

Choosing Your Shipping Methods with Supreme Court Rule 29

Author |Supreme Court, Supreme Court Rules|0 Comments

Once a brief is finalized and ready for printing, one of the final decisions is the method of mailing for the service parties and the Court. Fortunately, Supreme Court Rule 29 provides the following straightforward guidelines for ensuring your document is filed and served in a timely manner.
Filing
The Court follows the mailbox rule–meaning your document […]

14 Jun, 2017

Guide to Pro Se In Forma Pauperis Petitions

Author |Supreme Court|0 Comments

In forma pauperis (IFP) proceedings are those cases in which the Supreme Court allows an indigent party to file a petition for writ of certiorari without paying its $300 filing fee or preparing printed booklets (to learn about filing IFP Briefs in Opposition, click here).

A petition worthy of certiorari is generally thought to contain legal […]

13 Jun, 2017

The Criminal Justice Act and the Supreme Court

Author |Preparing Your Brief|0 Comments

Under the Criminal Justice Act of 1964, 18 U.S.C. § 3006A, Federal criminal defendants are entitled to the appointment of counsel if they are unable to obtain adequate representation “at every stage of the proceeding from initial appearance through appeal.”  State and Federal courts have long interpreted the words “through appeal” to include most challenges […]

8 Jun, 2017

June 8th: Recently Filed Petition

Author |Briefs Filed|0 Comments

Minn. Voters Alliance v. Mansky, filed on May 30th

 

To read this Supreme Court petition, click the heading to open this post, then follow the link!

26 May, 2017

May 26th: Recently Filed Petition

Author |Briefs Filed|0 Comments

Alban v. Nippon Yusen Kabushiki Kaisha, NYK Line (N. Am.) Inc., filed on May 23rd

 

 

To read this Supreme Court petition, click the heading to open this post, then follow the link!

23 May, 2017

9th Circuit Frequently Asked Questions

Author |Circuit Court|0 Comments

Where can I find information about electronic filing and the Appellate Case Management/Electronic Case Files (“CM/ECF”) system?

All information about electronic filing and Appellate CM/ECF is available at http://www.ca9.uscourts.gov/cmecf/

What color should I use for the cover of my brief?

Opening Brief by appellant and petitioner:
Blue

Answering Brief by appellee and respondent:
Red

Reply Brief:
Gray

Brief by amicus and intervenor:
Green

Second Brief on […]

17 May, 2017

Questions Presented: New Practice Note

Author |Supreme Court Rules|0 Comments

The most elemental feature of a petition for writ of certiorari is the Questions Presented page. Here the petitioner must concisely set out the basic issues at stake. Experienced Supreme Court practitioners consider a well-crafted Questions Presented to be the most critical tool for gaining cert consideration. In the words of Supreme Court scholar Stephen […]

15 May, 2017

Biography of Supreme Court Justice Ruth Bader Ginsburg

Author |Constitutional Law, Supreme Court|0 Comments

Ruth Bader Ginsburg (or “Notorious RBG” as she is affectionately known as in the law blogging world) was born in Brooklyn, New York, on March 15, 1933. Although Ginsburg has a lengthy list of accomplishments earning her the “notorious” moniker, one of her most notable accomplishments includes being only the second female United States Supreme […]