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SCOTUS Notes

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It's a slow day for criminal law at the US Supreme Court.  Two decisions released today are both civil cases with no obvious implications for criminal or habeas cases.  The Ninth Circuit was actually affirmed for a change in Matrixx Initiatives v. Siracusano, but then it is a civil case.

Fox v. Vice, being argued today, is addressed in a separate post.

We are still waiting on Cullen v. Pinholster, argued November 9.  That case involves the remarkable holding of the Ninth Circuit that a federal court can consider evidence never presented to the state court in deciding whether a state court decision is "reasonable" within the meaning of 28 U.S.C. ยง2254(d)(1).

Coverage of yesterday's action:  Tony Mauro at NLJ on the Tolentino argument; Lyle Denniston at SCOTUSblog on the Davis argument; Adam Liptak at NYT on the Maples cert. grant.  David Savage in the LAT and Bob Egelko in the SF Chron on Felkner v. Jackson.

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