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December 5, 2004

Monday's SCOTUS sentencing docket

Professor Mark Godsey at CrimProf here provides the basics on the two cases with sentencing law and policy issues that the Supreme Court hears tomorrow.  As evidenced by the coverage of the Miller-El case over at SCOTUSblog and today's articles in the NY Times and the Houston Chronicle, the death penalty aspect of the Miller-El case will ensure it gets plenty of attention.  However, the case of Wilkinson v. Dotson could ultimately prove more consequential.

As detailed in this summary, Dotson is legally quite complicated, but at its core the case concerns whether challenges to parole procedures must be brought as habeas corpus claims or can be brought in section 1983 actions.  Last week, I had a chance to moot OSU Professor and now Ohio State Solicitor Doug Cole, who will be arguing this case for the state of Ohio.  The case might be called a doctrinal Gordian Knot, and it will ultimately be interesting to see if any of the Justices steps up in the case to play the role of Alexander.

December 5, 2004 at 11:50 PM | Permalink


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