Remedy: GVR: the standard for an order granting
certiorari, vacating the judgment below, and remanding the case (GVR) remains
as it always has been: a GVR is appropriate when “intervening developments . .
. reveal a reasonable probability that the decision below rests upon a premise
that the lower court would reject if given the opportunity for further
consideration, and where it appears that such a redetermination may determine
the ultimate outcome” of the matter. Lawrence v. Chater, 516 U.
S. 163, 167 (1996) (per curiam); as we have explained, “a GVR order
conserves the scarce resources of this Court,” “assists the court below by
flagging a particular issue that it does not appear to have fully considered,”
and “assists this Court by procuring the benefit of the lower court’s insight
before we rule on the merits.” Lawrence, supra, at 167 (U.S.S.Ct.,
19.01.10, Wellons v. Hall, Per Curiam).
Tuesday, January 19, 2010
Wellons v. Hall
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment