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First Monday

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Today is the first Monday in October, the official opening of the US Supreme Court's term.  The court issued an orders list from last Monday's "long conference."  As expected, no new cases are taken up for decision.  The certiorari petitions granted from the long conference were announced last week.  (See here and here.)  There are a few cases sent back for reconsideration in light of precedents set last term. 

There is an odd case of a litigant who sues the court and the justices themselves.  Justice Kagan, as the only justice not recused, renders the decision that the court lacks a quorum and ditches the case.  (Not one of your more difficult decisions.)

Pennsylvania did not succeed in getting review of the decision of their state supreme court that George Banks, whose death sentence was reinstated by the US Supreme Court in 2004, is presently too crazy to execute.  No. 11-952.  CJLF brief in the prior case is here.

Serial murderer Alfredo Prieto, sentenced to death in both California and Virginia, did not get review of the affirmance of his direct appeal in Virginia.  No. 11-10967.

The court turned down the habeas case of Gitmo detainee Abdul-Rahman Suleiman, No. 12-137.  DC Circuit opinion is here: "The only issue we need examine then is whether the district court erred in concluding that Suleiman was part of the Taliban."  Nope.

As "federalist" notes in the comments, the court has evidently relisted the Balentine case, No. 12-5906, previously noted in this post.

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The Supreme Court did nothing on the Balentine stay. Here's the docket entry:


So, SCOTUS, after this guy has been through his appeals (including federal habeas) for years, gets a stay, and SCOTUS can't figure out what to do with it for over a month? Neither Texas nor the victim's family should be put through this indignity.

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