Supreme Court Update: Orders
Spector v. Norwegian Cruise Line Ltd., 03-1388: Does Title III of the Americans with Disabilities Act, which bans discrimination based on disability in public accommodations and "specified public transportation services," apply to companies that operate foreign-flag cruise ships in U.S. waters and, if so, to what extent is it applicable?
Johnson v. U.S., 03-9685: When a state court conviction is used to enhance a federal sentence, but the state court conviction is subsequently vacated, should the one-year statute of limitations under 28 U.S.C. 2255 for a motion for reduced sentence commence upon the vacatur of the state court conviction?
Rompilla v. Beard, 04-5462: In this capital punishment case, the Court also allowed the petitioner to proceed in forma pauperis. We have been unable to nail down the questions presented in this case, but they appear to concern: (1) the Court's previous ruling in Simmons v. South Carolina, 512 U.S. 154 (1994) on the right of an individual seeking to avoid a death sentence to have the jury instructed that it may consider a life sentence without parole; and (2) whether a defense lawyer is ineffective for failing to review his client's background, particularly prior convictions that the prosecution will use to support a death sentence. Once we have determined the actual questions presented, we will send out a supplemental update.
Ken Heath & Kim Rinehart
From the Appellate Practice Group at Wiggin and Dana.