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May 12, 2008

SCOTUS does a little spring crim law cleaning

As detailed over at SCOTUSblog, the Supreme Court was back in action today issuing one little opinion about jury selection procedures and an order list that included one cert grant in a capital habeas case and some Gall GVRs.  This AP story provides background on the new cert grant, and SCOTUSblog has the cert papers linked here.

Though all this SCOTUS action is involves crim law, it still feels as though the Justices are still mostly clearing away docket debris in anticipation for the big rulings to come in this Term's more high-profile cases.

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May 12, 2008 at 05:31 PM | Permalink


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RE: sleeper cases, though not a sentencing issue per se, I'm interestsed in Melendez-Diaz v Massachussetts, which has important implications for challenging bad forensic science in court, and was discussed recently at a conference I attended on "Actual Innocence" in Texas. The case will decide whether a lab report is testimonial evidence subject to Crawford/confrontation requirements.

Posted by: Gritsforbreakfast | May 13, 2008 8:36:19 AM

Along the same lines as Grits, I think Giles v. California has the potential for being a big post-Crawford case. If the California court is upheld, Crawford (as applied to statements of the victim) will essentially be eliminated in all homicide cases. It is also the first SCOTUS case to deal directly with forfeiture by wrongdoing since Reynolds v. United States (1879) 98 U.S. 145.

Posted by: da_2_b | May 13, 2008 12:34:17 PM

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