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Relisted Capital Cases

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As predicted here, the Belmontes case from California and the Van Hook case from Ohio have been relisted for their fourth consideration by the Supreme Court at the Friday, October 30 conference.

Another interesting nugget from the Belmontes docket is that on Monday the Court also requested the record from the Ninth Circuit. Hard to believe they would need that for a one-line order granting or denying certiorari. This smells more and more like a summary reversal in the offing.

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This nugget from the Warden's brief is interesting:

"On remand, a divided panel again invalidated Belmontes death penalty judgment. Although the panel's prior opinions had characterized the defense case as "substantial", its new opinion now characterized the defense case as "insubstantial", "inadequate" and "minimal."

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