The U.S. Supreme Court released its order list from last Friday's conference. Certiorari was granted in two civil cases, with the Exxon Valdez case getting the press coverage. The "curious incident," as Sherlock Holmes said in the Adventure of Silver Blaze, is what did not happen. Conspicuously absent from the list are the criminal cases we have been following:
New Mexico v. Romero, No. 07-37, on forfeiture of the right of confrontation by wrongdoing (i.e., murdering the witness). Possibly they are going to relist it in order to consider it together with Cage v. California, No. 07-5156, on November 9.
Allen v. Siebert, No. 06-1680, in which the State of Alabama has asked the Court to summarily reverse a truly awful Barkett opinion on the AEDPA statute of limitations. If they relist it too many times, it may become moot, as Siebert is (1) dying of pancreatic cancer; and (2) sentenced to death in another case for three of his other numerous murders.
Black v. California, No. 07-6140, on sentencing, Apprendi, Cunningham, and all that, is not a surprise in being relisted, as the Court has asked for opposition, and it isn't due until November 8.
For comic relief, there is the case of Montgomery Blair Sibley.
Mr. Sibley sued the Justices of the Supreme Court over a prior action that he had. Lyle Denniston's post at SCOTUSblog says Mr. Sibley is a lawyer. He is not a very good one. His complaint says that the Justices' failure to recuse themselves in his prior action constituted -- get this -- treason. With the seven Justices who were on the Court at the time recused, the Court does not have a quorum and will not have one next term, so today's order says the lower court decision affirming dismissal is affirmed. The District Court decision, which has more detail than the Court of Appeals decision, is here.
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