1. When an American citizen is detained under the exclusive control of American military authorities abroad, is the jurisdiction of a federal court to entertain his petition for a writ of habeas corpus defeated by the fact that those American military authorities purport to act as a part of a multi-national force and that they propose — with no valid legal authority — to deliver the citizen to a foreign nation for execution of a death sentence imposed by a court of that nation? 2. Does the decision of the Court of Appeals, holding that Hirota v. MacArthur deprives the federal courts of jurisdiction under these circumstances, extend the 1948 per curiam opinion in Hirota into conflict with this Court’s post-1948 jurisprudence culminating in Rasul v. Bush and Hamdi v. Rumsfeld, and should that conflict be resolved either by restricting Hirota to its proper sphere or by overruling it? 3. Did the Court of Appeals err in holding that the jurisdiction of the federal courts over a habeas corpus petition filed by an American citizen detained under the exclusive control of American military authorities abroad turns on whether those authorities propose to deliver him to a foreign nation for prosecution in its courts (in which case the Court of Appeals has held that habeas jurisdiction exists) or for execution of sentence after conviction by the foreign court (in which case the Court of Appeals here holds that jurisdiction ceases to exist)? If this distinction is valid, can the military authorities defeat federal habeas corpus jurisdiction ex post by doing what they did in this case — arranging the conviction and sentencing of their detainee by a foreign court after his habeas petition has been filed?
Respondent, a dual American-Jordanian citizen, voluntarily traveled to Iraq, allegedly committed serious crimes there, was captured in an active combat zone by members of an international military force (the Multinational Force-Iraq), and is being held under international authority by United States military personnel acting as part of that international military coalition and at the request of the Iraqi government. The questions presented are as follows: 1. Whether the United States courts have jurisdiction to entertain a habeas corpus petition filed on behalf of an individual such as respondent challenging his detention by the multinational force. 2. Whether, if such jurisdiction exists, the district court had the power to enjoin the multinational force from releasing respondent to Iraqi custody or allowing respondent to be tried before the Iraqi courts.
Section 844(h)(2) of Title 18, United States Code, prescribes a mandatory ten-year term of imprisonment for any person who “carries an explosive during the commission of any felony which may be prosecuted in a court of the United States.” The question presented is whether Section 844(h)(2) requires that the explosives be carried “in relation to” the underlying felony.
THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE FOLLOWING QUESTION: "MAY STATES ADOPT A HIGHER STANDARD FOR MEASURING COMPETENCY TO REPRESENT ONESELF AT TRIAL THAN FOR MEASURING COMPETENCY TO STAND TRIAL?" CERT. GRANTED 12/7/2007
QUESTIONS PRESENTED: May a criminal defendant who, despite being legally competent, is schizophrenic, delusional, and mentally decompensatory in the course of a simple conversation, be denied the right to represent himself at trial when the trial court reasonably concludes that permitting self-representation would deny the defendant a fair trial?
Whether section 1146(a) of the Bankruptcy Code, which exempts from stamp or similar taxes any asset transfer “under a plan confirmed under section 1129 of the Code,” applies to transfers of assets occurring prior to the actual confirmation of such a plan?