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Claiborne Vacated as Moot

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The U.S. Supreme Court dropped the federal sentencing case of the deceased Mario Claiborne, as expected. The order reads:

The Court is advised that the petitioner died in St. Louis, Missouri, on May 30, 2007. The judgment of the United States Court of Appeals for the Eighth Circuit is therefore vacated as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).

This order is unlike those issued in state cases, where the high court only vacates its own order granting certiorari and dismisses the petition. Compare Pasch v. Illinois, 510 U.S. 910 (1993). In this federal case, the lower court decision is vacated. The citation to Munsingwear emphasizes that the lower court decision is no longer precedent.

In other Supreme Court action, the Court noted once again the deference due the trial judge in juror challenge questions in Uttecht v. Brown. The decision was 5-4 along the usual lines. Mark Sherman reports for AP. Further comment is here.

The Court also summarily reversed the Tenth Circuit in a prisoner rights case, admonishing them not to be too strict in pleading requirements, especially for pro se prisoners. The decision in Erickson v. Pardus is here. Justice Thomas dissents on the merits, and Justice Scalia dissents from the decision to grant certiorari.

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