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Fifth Time the Charm?

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The US Supreme Court has relisted the Belmontes and Van Hook cases for their fifth consideration in five conferences on Friday. Prior posts here, here, here, and here.

Also up for their fifth and third considerations, respectively, are two prisoner petitions in capital cases, Porter v. McCollum from Florida and Wellons v. Hall from Georgia. In both of these cases, like Belmontes, the Supreme Court asked for the lower court record. However, while in Belmontes and McCollum the docket says "Record received from the U.S. Court of Appeals..." in Wellons it says "Record received electronically from the U.S. Court of Appeals...." Progress!

Oral arguments for Tuesday are all civil cases. Erin Miller summarizes at SCOTUSblog.

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We (the Wayne County Prosecutor's Office in Detroit) have two cases with petitions pending where the Court has called for the record. In 09-91, an emergency-circumstances entry case,the Court called for the record after the case was listed 4 times (and it is not re-listed yet for the 5th time pending receipt of the record), and in 09-150, a Crawford "ongoing emergency" case the petition was listed for conference for October 9, but the record then requested, and the final records from the trial court were just lodged yesterday. It has not yet been re-listed. Our state SG had 08-1401 listed for 9-29 and then 10-9, then nothing, so perhaps something's up there as well.

So we're hopeful SOMETHING is going on!

Tim Baughman

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