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Skinner Case Relisted

The controversial case of Henry Skinner has been "relisted" for a fourth consideration by the U.S. Supreme Court at its conference Thursday. A decision on whether to take the case will probably be announced in the Monday orders list, unless they relist it for a fifth consideration.

The docket in Skinner v. Switzer, No. 09-9000, is here.


I don't know all the procedural ins and outs of this case, but it seems that if SCOTUS grants cert., the local prosecutor could simply moot the case by agreeing to do the testing.

Seems to me, though, that the fact that Skinner's attorney at trial wanted no part of additional testing should carry a lot of weight.

It was certainly a sound decision on the trial atty's part and not uncommon.

If the Court would not find a due process violation for that reason in Osborne, I'm not sure why they would find a civil rights violation under a sec 1983 claim for the same reason.

What's going to stop every defendant denied post conviction testing in state court from suing under the federal statute?

When they relist it, does it mean that they did not discuss it at all at the previous times it's been listed? Or, did they want further discussion after earlier discussion of the case? IOW, how many cases get relisted because they are arguing about whether to grant cert or not as oppose to having insufficient time to discuss it at conference at all?


Regarding the questions in your last paragraph, there are only nine people in the room, and they aren't talking, so the rest of us can only speculate.

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