Supreme Court issued an order list today from last Friday's conference. No cert. grants but a couple of summary dispositions in habeas cases.
First, the Court issued a GVR in Perkins v. Ammons, 10-5464, for further consideration in light of Holland v. Florida.
Second, the Court issued a per curiam GVR in Wilson v. Corcoran (one of the cases on the relist list). The Court vacated a grant of habeas on the ground that the 7th Circuit failed to conclude that there was an actual violation of federal law, obviously a necessary prerequisite to granting habeas relief. The circuit court only identified an error of state law. It's pretty straightforward. On remand, the circuit is free to find such a violation as the Court did not express any view on the merits.
The most interesting part of the case is the procedural history in federal court. First, the DJ granted habeas relief on a Sixth Amendment issue, making its consideration of other claims advanced by the petitioner unnecessary. The 7th Circuit vacated the habeas grant and ordered the DJ to dismiss the petition. The Supreme Court GVR'ed that decision on the ground that petitioner had advanced other claims that had not yet been considered. On remand from the GVR, the Seventh Circuit then granted habeas relief (the instant decision that was just GVR'ed) without even ordering further briefing. A little wacky. It's now back in the 7th Circuit's hands.