ABDUR’RAHMAN v. BELL, WARDEN
No. 01-9094.
Argued November 6, 2002
Decided December 10, 2002
James S. Liebman argued the cause for petitioner. With him on the briefs were Thomas C. Goldstein, by appointment of the Court, 537 U. S. 809, Amy Howe, William P. Redick, Jr., and Bradley MacLean.
Paul G. Summers, Attorney General of Tennessee, argued the cause for respondent. With him on the brief were Michael E. Moore, Solicitor General, Joseph F. Whalen, Assistant Attorney General, and Gordon W. Smith, Associate Solicitor General.
Paul J. Zidlicky argued the cause for the State of Alabama et al. as amici curiae urging affirmance. With him on the brief were Bill Pryor, Attorney General of Alabama, and Nathan A. Forrester, Solicitor General, John M. Bailey, Chief State’s Attorney of Connecticut, Carter G. Phillips, Gene C. Schaerr, and the Attorneys General for their respective States as follows: Janet Napolitano of Arizona, Mark Lunsford Pryor of Arkansas, Bill Lockyer of California, Ken Salazar of Colorado, M. Jane Brady of Delaware, Robert A. Butterworth of Florida, Thurbert E. Baker of Georgia, Alan G. Lance of Idaho, James E. Ryan of Illinois, Steve Carter of Indiana, Carla J. Stovall of Kansas, Richard P Ieyoub of Louisiana, Thomas F. Reilly of Massachusetts, Mike Mc-Grath of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, David Samson of New Jersey, Wayne Stenehjem of North Dakota, Betty D. Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, D. Michael Fisher of Pennsylvania, Charles M. Condon of South Carolina, Mark Barnett of South Dakota, John Cornyn of Texas, Mark L. Shurtleff of Utah, Jerry W. Kilgore of Virginia, Christine O. Gregoire of Washington, and Darrell V McGraw, Jr., of West Virginia.
Briefs of amici curiae urging reversal were filed for James F. Neal et al. by Elizabeth G. Taylor and Ronald H. Weich; and for the National Association of Criminal Defense Lawyers by Deanne E. Maynard, Donald B. Verrilli, Jr., Lisa B. Kemler, and Edward M. Chikofsky.
A brief of amicus curiae urging affirmance was filed for the Criminal Justice Legal Foundation by Kent S. Scheidegger.
Per Curiam.
The writ of certiorari is dismissed as improvidently granted.
What follows is an opinion from the Supreme Court of the United States. Your task is to determine the bases on which the Supreme Court rested its decision with regard to the legal provision that the Court considered in the case. Consider "judicial review (national level)" if the majority determined the constitutionality of some action taken by some unit or official of the federal government, including an interstate compact. Consider "judicial review (state level)" if the majority determined the constitutionality of some action taken by some unit or official of a state or local government. Consider "statutory construction" for cases where the majority interpret a federal statute, treaty, or court rule; if the Court interprets a federal statute governing the powers or jurisdiction of a federal court; if the Court construes a state law as incompatible with a federal law; or if an administrative official interprets a federal statute. Do not consider "statutory construction" where an administrative agency or official acts "pursuant to" a statute, unless the Court interprets the statute to determine if administrative action is proper. Consider "interpretation of administrative regulation or rule, or executive order" if the majority treats federal administrative action in arriving at its decision.Consider "diversity jurisdiction" if the majority said in approximately so many words that under its diversity jurisdiction it is interpreting state law. Consider "federal common law" if the majority indicate that it used a judge-made "doctrine" or "rule; if the Court without more merely specifies the disposition the Court has made of the case and cites one or more of its own previously decided cases unless the citation is qualified by the word "see."; if the case concerns admiralty or maritime law, or some other aspect of the law of nations other than a treaty; if the case concerns the retroactive application of a constitutional provision or a previous decision of the Court; if the case concerns an exclusionary rule, the harmless error rule (though not the statute), the abstention doctrine, comity, res judicata, or collateral estoppel; or if the case concerns a "rule" or "doctrine" that is not specified as related to or connected with a constitutional or statutory provision. Consider "Supreme Court supervision of lower federal or state courts or original jurisdiction" otherwise (i.e., the residual code); for issues pertaining to non-statutorily based Judicial Power topics; for cases arising under the Court's original jurisdiction; in cases in which the Court denied or dismissed the petition for review or where the decision of a lower court is affirmed by a tie vote; or in workers' compensation litigation involving statutory interpretation and, in addition, a discussion of jury determination and/or the sufficiency of the evidence.