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Monday SCOTUS Orders

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The US Supreme Court's Monday orders list is here.  Not surprisingly, there are multiple remands for reconsideration in light of the recent ugly triology of ineffective assistance cases.  Among them is the infamous Donald Middlebrooks case from Tennessee, a case that has been dragging on longer than Dickens' fictional Jarndyce v. Jarndyce.  On the brighter side, certiorari was denied in several capital cases, including Daniel Cook from Arizona, Cleve Foster from Texas, and the federal case of Joseph Duncan.

The Court granted certiorari in a second Florida dog-sniff case, Florida v. Harris, No. 11-817.  This one involves a sniff at the exterior of a car.  The Florida Supreme Court opinion is hereFlorida v. Jardines, No. 11-564, involves a sniff of a "grow house" and was granted January 6.

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I wonder if the the habeas petitioners even argued procedural default in their habeas petitions. If not, they should not get relief.

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