Yesterday, the Supreme Court held its "long conference" to review all of the petitions that had been filed since the last term adjourned.
A few moments ago, it released its order containing the cert. grants. There were ten of them. SCOTUSblog has a list of them, identifying the issues involved in each cases.
Two of the cases involve 2254 matters, Berghuis v. Smith and Berghuis v. Thompkins. Both come out of the Sixth Circuit. Both are habeas grants. What does this mean for these habeas petitioners? Bad news for the petitioners.
The Sixth Circuit clearly has replaced the Ninth Circuit as the circuit that the Supreme Court likes to knockdown.
According to SCOTUSblog, here's what the Supreme Court will be reviewing:
Berghuis v. Smith: Whether the Sixth Circuit erred in concluding that the Michigan Supreme Court failed to apply “clearly established Federal law” under 28 U.S.C. § 2254 when it rejected a state prisoner’s Sixth Amendment fair cross-section claim and whether the Sixth Circuit erred in applying the comparative-disparity test (for evaluating the difference between the numbers of African Americans in the community as compared to the venires).
Berghuis v. Thompkins: Whether the Sixth Circuit expanded the Miranda rule to prevent an officer from attempting to non-coercively persuade a defendant to cooperate where the officer informed the defendant of his rights, the defendant acknowledged that he understood them, and the defendant did not invoke them but did not waive them.
I'll revisit these grants in the future with further analysis.