December 13, 2008
Donofrio’s case was based on the exact same premise as Wrotnowski’s. His application was denied on 12-8 – the same day Wrotnowski’s was referred to the full court by Justice Scalia. On 12-9, a supplemental brief was filed by Wrotnowski and distributed to the Court.
If it was a slam dunk ‘no’ – then logic dictates they would have held Donofrio’s and denied them together. They didn’t. And they will have had the case since December 2nd.
Donofrio’s case suffered from lower court procedural problems that may have explained why his was denied. Wrotnowski’s has had no such problems.
I find it curious that the Court is still considering a case based on the exact same premise as the case they already denied.