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Oh, Never Mind

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Lyle Denniston at SCOTUSblog reports that -- as expected, see here and here -- the Supreme Court decided the Resendiz-Ponce case by determining that there was no error. Whether omission of an element of the crime from the indictment can ever be harmless error, the question they took the case to decide, will have to be answered another day.

More importantly, it appears from Lyle's report that the Burton case was decided on the ground (urged by CJLF et al.) that the petition was successive and the district court did not have jurisdiction. The retroactivity of Blakely will also have to wait for another day.

We will have more when the full text of the opinions is available.

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How much value is Burton now? It seems to be a pretty strong reaffirmation of AEDPA's policy of one habeas petition.

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