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Nonbarking dogs from the Long Conference

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Last week the Supreme Court announced that it had granted review of 10 cases, 7 of them criminal, from the "long conference" preceding the opening of the term. Today, the Court issued the opening orders list of the term. As expected, there are no additional grants of review for full briefing and argument. A few cases are sent back to lower courts for reconsideration in light of intervening decisions, and a very long list are simply denied.

There are a few cases that were neither granted nor denied, and they presumably are rescheduled to be considered again at another conference. These cases are interesting enough to the high court to be worth a second look. From the cases on SCOTUSblog's Petitions to Watch list, the following criminal and related cases have apparently been relisted:

Hust v. Phillips, No. 07-897 (from USCA9): Personal liability of prison librarian for not letting an inmate use a binding machine for his cert. petition, despite the fact that the rules of the court do not require binding. A simple staple will do for an "in forma pauperis" petitioner.

San Francisco v. Rodis, No 07-1376 (from USCA9): Personal liability of police officers for mistakenly arresting a person for use of a $100 bill believed to be counterfeit but actually genuine.

Owens v. Kentucky, No. 07-1411 (from SC KY): Frisk of companion of arrestee, an issue related to the pending case of Arizona v. Johnson, No. 07-1122, CJLF brief here.

Patrick v. Smith, No. 07-1483 (from USCA9): Sufficiency of evidence in shaken baby death case.

Mercier v. Ohio, No. 08-17 (from SC OH): Probable cause for search of auto passenger's purse.

Davis v. Georgia, No. 08-66 (from SC GA): The controversial claim-of-innocence capital case, previously noted here.

Update: Some of the denials of certiorari are mentioned in this AP story and Lyle Denniston's post at SCOTUSblog. No biggies.

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