Two quick notes. I neglected to mention that the Supreme Court dismissed the cert. petition in Tolentino v. New York on Monday. The Court did not provide an explanation. SCOTUSblog speculated that there could have been a procedural problem with the case. It's a very disappointing result.
Second, SCOTUSblog also has a new post up about relisted cases. Added to the list of relist cases are two habeas cases that share the same issue: Whether “clearly established law” is based on the law in effect when the state conviction becomes final or at the time of the state court decision? The two cases that present this issue are Stovall v. Miller, 10-851, and Greene v. Fisher, 10-637.
Just to clarify, though, Greene is not technically a relisted case. It was put on for an earlier conference, but taken off that list when a response was requested. So that one doesn't count for the purposes of relisting. That means it is now on for, technically, its first conference on April 1. SCOTUSblog speculates that Stovall was relisted in order to get it on to the same conference list as Greene. I am describing Greene here as "relisted" since it appears that it is in the same boat as a relisted case.
Comments