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Marlo Thomas v. Nevada

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Our regular scan of the SCOTUS docket for new capital cases turns up the interesting name of Marlo Thomas v. State of Nevada, No. 06-10347. Notwithstanding our disagreements with That Girl on multiple issues of policy, a death sentence strikes us as a bit harsh.

But seriously, folks, the opinion below rejects Thomas's claims that Crawford v. Washington, 541 U.S. 36 (2004) applies to the penalty phase. The Nevada Supreme Court considers this claim separately as to eligibility and selection, and rejects it for both. For eligibility, this is an issue that SCOTUS will probably have to address at some point.

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see also Sherman Fields (5th Cir. Mar. '07)

[Ed. Note: United States v. Fields, No. 04-50393 (Mar. 29, 2007).]

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