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The Short List from the Long Conference

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The Supreme Court this morning issued its orders list for cases granted certiorari in the "long conference" yesterday. The list is here. SCOTUSblog's list with documents is here. The criminal and related cases are

Carr v. United States, No. 08-1301, sex offender registration and Ex Post Facto. The Court considered a similar issue with Megan's Law in Smith v. Doe, 538 U. S. 84 (2003), in which the State of Alaska was represented by John Roberts.

Two Sixth Circuit habeas cases from Michigan:

Berghuis v. Smith, No. 08-1402: Jury discrimination disparity analysis and AEDPA deference.

Berghuis v. Thompkins, No. 08-1470: Police officer follow-up after arrestee neither waives nor asserts his Miranda rights.

Holder v. Humanitarian Law Project, No. 08-1498 and Humanitarian Law Project v. Holder, No. 09-98: the constitutional right, if any, to support terrorist organizations in their nonterrorist efforts.

McDonald v. Chicago, No. 08-1521: Second Amendment as applied to the states.

United States v. O'Brien, No. 08-1569: Apprendi and mandatory minimums.

The long list from the long conference, denying certiorari in most of the cases not granted today, will be issued on the First Monday in October.  However, a few are usually "relisted" to be considered again at another conference. Let us hope that the very bad decisions in capital cases from the Ninth Circuit are only relisted.

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Or let us hope that a per curiam reversal of those bad Ninth Circuit decisions are forthcoming . . . .

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