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No SCOTUS Crim Action, Again

Seems like yesterday I was posting that the US Supreme Court had decided two civil cases and was hearing argument in two others, with no criminal law action.  Actually, it was yesterday.  Today is not Groundhog Day, though; it's the vernal equinox.

Over at SCOTUSblog, John Elwood has his relist watch post on Monday's orders list, which does include some criminal law action.  He notes, "the Court denied cert. without comment in Wolfenbarger v. Foster, 12-420, passing up Michigan's invitation to revisit Wiggins v. Smith in light of Harrington v. Richter.  The Court did, however, GVR in Ryan v. James, 12-11, in light of Johnson v. Williams, after taking a couple of weeks to mull it over."

In addition to the cases John notes, the Court has relisted for March 29 the cross petitions in the California capital case of Richard Louis Arnold Phillips, Nos. 12-544 and 12-5890.  The Question Presented in the state's petition (by our friend Eric Christoffersen) is, "Whether the Ninth Circuit conflicted with the 'reasonable likelihood' materiality standards of Napue v. Illinois and Brady v. Maryland by substituting a standard based on 'any conceivable, speculative possibility' of a different result."  This is the second relist.  Is a summary reversal being drafted?  The author of the Ninth Circuit opinion is identified by name in the petition.  Take a wild guess.

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