The U.S. Supreme Court took up seven new cases and decided two, all civil.  (There are no argued criminal cases left to be decided this term, but summary decisions are possible.)

In the Georgia capital case of Tharpe v. Sellers, No. 17-8344, the Court turned down a request to review the decision of the Georgia Supreme Court that Tharpe's juror bias claim is barred in state court for procedural default.  On January 8, in case No.17-6075, the Court sent the federal habeas corpus case back to the Eleventh Circuit.  The Court reversed the specific holding on which the 11th had affirmed the district court's denial of the petition but expressed no view on other possible grounds to affirm.

SCOTUSblog's petitions to watch list has a number of cases challenging the "dual sovereignty" doctrine.  That is, the Fifth Amendment's Double Jeopardy Clause prevents the United States from trying a person twice for a federal offense, and it prevents a state from trying a person twice for a state offense, but when the same act violates both state and federal law it does not prevent either government from trying its case after the other.  For example, the police officers in the Rodney King case were tried in federal court after being acquitted in state court.  All of these cases have been relisted.

Evans v. Mississippi, No. 17-7245 -- asking yet again whether the high court should amend the Constitution to prohibit a punishment that is clearly contemplated in the text, has been authorized by statute at all times in most states throughout our history, and remains favored by a solid majority of the American people -- has been relisted yet again.  See this post.

Jordan v. Mississippi, No. 17-7153 -- raising yet again the Lackey claim that if a murderer found to deserve death for his crime succeeds in postponing execution long enough he should be allowed to avoid his deserved punishment altogether -- has been relisted yet again.

In Gelhaus v. Lopez, No. 17-1354, the Court denied review of a divided qualified immunity decision of the Ninth Circuit.  The Police Officers' Research Assn. of Cal., the Cal. State Sheriffs' Association, and the International Municipal Lawyers Assn. and Cal. State Assn. of Counties filed amicus briefs in support of the petitioner.

The Court will release decisions again tomorrow, but I will be traveling and not blogging.