The Supreme Court has recently issued its calendar for the October and November sittings. And I just did not realize how many habeas and criminal cases are coming up in the 2011 Term. I count six habeas cases! And that's just so far. There's a good chance that we will see more cert. grants in the Fall. To note, that does not include "Smith v. Cain, Warden." The title of that case sounds like a habeas case, but it is actually an appeal in a state court criminal case.
The Supreme Court seems to enjoy bunching habeas and criminal cases together on the same day. There is going to be one big habeas day in October and then a couple habeas/criminal days in November. "Habeas Day" in the October sitting is October 4 when the Court will hear three habeas cases.
Here's what's going to happen in those sittings (this is cut and paste from SCOTUSblog):
October Sitting
Tuesday, Oct. 4:
Maples v. Thomas (10-63) — right to pursue federal habeas despite state proecedural flaw that was not the fault of the death-row inmate (review limited to one question)
Martinez v. Ryan (10-1001) — constitutional right of convicted individual to have a lawyer in federal court to challenge the performance of the defense lawyer at a state trial
1 p.m. Howes v . Fields (10-680) — scope of right to Miranda warnings for jail or prison inmate being questioned about a different crime
Tuesday, Oct. 11:
1 p.m. Greene v. Fisher (10-637) — date for establishing controlling Supreme Court decisional law for federal habeas purposes
November Sitting
Monday, Oct 31:
Lafler v. Cooper (10-209) — claim of ineffective assistance of defense lawyer for advice to reject a plea offer and either plead guilty or go to trial (new question on remedy added by the Court)
Missouri v. Frye (10-444) — issues parallel to those in Lafler; the cases are being argued in tandem by order of the Court (front-end case)
Wednesday, Nov. 2:
Perry v. New Hampshire (10-8974) — challenge to use of questionable eyewitness identification as criminal evidence (front-end case)
Gonzalez v. Thaler (10-895) — timing for appeal in federal habeas case after state conviction has become final
Tuesday, Nov. 8:
U.S. v. Jones ((10-1259) — constitutionality of warrantless police search with GPS tracking device on a vehicle (question added by Court on constitutionality of initially installing the GPS device) (front-end 4th Amend. case)
Smith v. Cain (10-8145) — impact on criminal trial verdict of prosecutors’ failure to disclose evidence favorable to the accused’s defense (front-end case)
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