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Today's Conference

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The Supreme Court today granted certiorari in two civil cases. The order is here. If they are following their usual pattern, we can expect no grants on Monday's orders list. Other cases scheduled for today's conference were either denied or "relisted," scheduled to be considered again at a later conference.

Among the cases scheduled but not granted, and thus probably denied, is Curry v. Butler, No. 08-517, on whether Cunningham v. California, applying the Apprendi rule to California's three-tier sentencing system, is retroactive on habeas corpus.

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