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Little Action on SCOTUS Habeas Cases

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All the news coverage on today's Supreme Court orders list is, of course, on the Court taking up the health care challenges.

There is little action on criminal cases.  The three state-petition habeas cases on SCOTUSblog's Petitions to Watch list will apparently all be relisted:  Hardy v. Cross, Wetzel v. Lambert, and Cash v. Maxwell.  The defendant-petition case of Harvey v. McNeil was denied. 

Two cases, Stovall v. Miller and McEwen v. Thompson, were sent back to circuits divisible by three for reconsideration in light of Greene v. Fisher.

Update (11/16):  John Elwood notes these cases in his Relist Watch at SCOTUSblog.  Regarding Lambert, Maxwell, and Cross, he says, "After last week's per curiam in Bobby v. Dixon, 10-1540, and the prior week's in Cavazos v. Smith, 10-1115, further summary action (or perhaps a dissent from the denial of cert.) may be in the works."

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The Ninth's decision in McEwen v. Thompson was authored by Judge Berzon over a spirited dissent by Judge Ikuta. Judge Berzon is a Clinton appointee, and Judge Ikuta is a Bush appointee.

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