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SCOTUS Monday

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No decisions or grants of certiorari in criminal cases out of the U.S. Supreme Court this morning.

In criminal-related cases, the high court decided Holder v. Martinez Gutierrez, No. 10-1542, a case related to the immigration consequences of a criminal conviction.  The court also took up the case of Clapper v. Amnesty International USA, No. 11-1025, on standing to challenge surveillance of foreign nationals outside the U.S.

Two Three habeas cases have been relisted for next week:  Pennsylvania's petition in Coleman v. Johnson, No. 11-1053, involving Jackson v. Virginia sufficiency of evidence issues, and Michigan's petition in Howes v. Walker, No. 11-1011, involving among other issues the continuing question of the interrelation of AEDPA's two provisions on state court findings of fact, 28 U.S.C. ยง2254 subdivisions (d)(2) and (e)(1).  Both cases also involve questions of the federal court contradicting the state court on questions of state law, generally a no-no.  Update: Kentucky's petition Parker v. Matthews, No. 11-845, has also been relisted for next week.  This will be the fifth conference for this case.  It also involves issues of Jackson v. Virginia and issues of state law.  Thanks to Ian Sonego for the tip.  Erroneous applications of Jackson by the federal habeas courts are particularly bad because a decision on this basis precludes retrial.

Also, Tony Mauro has this article at NLJ on "opinion season" at the high court.  (Free registration required.)

The strange rehearing petition in Cook v. Schriro, No. 08-7229, attempting to get around the successive petition rule by reopening a certiorari petition denied three years ago, has also been relisted for next week.

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