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June 27, 2005

Capital ruling and Booker GVRs from SCOTUS

Though other rulings on the 10 Commandments and file sharing are capturing most of the headlines and the blogsphere commentary, the Supreme Court today did decide a capital case with an interesting procedural angle in Bell v. Thompson, 04-514 (S. Ct. June 27, 2005) (available here).  Anisha Dasgupta at SCOTUSblog explains in this post that, in a 5-4 decision, the "majority found that, even assuming that Rule 41 authorizes stay of a mandate following denial of certiorari, and further assuming that a court can stay the mandate without entering an order, the Sixth Circuit's decision to do so in this case constituted an abuse of discretion."  The AP's summary of the decision is available here.

Also not to be overlooked, we had a few more Booker-inspired GVRs today.  My rough estimate suggests the running count of these GVRs has to be approaching 800 with the additional five to be found today on this order list.

June 27, 2005 at 04:52 PM | Permalink

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» Monday's links -- Final Version from SCOTUSblog
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Comments

Doug:

The actual count of cases in which the Supreme Court has Granted Certiorari, Vacated Judgment, and Remanded for Reconsideration (GVR) in light of Booker, is now 757 - as follows: (i) 399 cases on January 24, 2005, (ii) 33 cases on February 22, 2005, (iii) 57 cases on February 28, 2005, (iv) 22 cases on March 7, 2005, (v) 28 cases on March 21, 2005, (vi) 25 cases on March 28, 2005, (vii) 17 cases on April 4, 2005, (viii) 34 cases on April 18, 2005, (ix) 36 cases on April 25, 2005; (x) 36 cases on May 2, 2005; (xi) 28 cases on May 16, 2005; (xii) 8 cases on May 23, 2005; (xiii) 7 cases on May 31, 2005; (xiv) 12 cases on June 6, 2005; (xv) 6 cases on June 13, 2005); (xvi) 5 cases on June 20, 2005; and 4 cases on June 27, 2005.

Thanks for all you do for us.

Peter

Posted by: Peter Schmidt | Jun 28, 2005 8:35:59 AM

Bell v. Thompson is a disgraceful decision. In the interest of so-called efficiency, the court of appeals is not permitted to correct an error that will save a man's life. I'm ashamed of the Supreme Court majority.

Posted by: Michael Levine | Jun 28, 2005 12:59:24 PM

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