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June 25, 2012

Lots of notable SCOTUS sentencing cert petitions worth watching this morning

Though most of the legal world is following SCOTUSblog this morning awaiting the health care ruling(s), I am enjoying the sounds of their live blogging mostly in expectation of rulings in Jackson and Miller, the juve LWOP Eighth Amendment cases still pending.  But sentencing fans ought also know and note, as the SCOTUS drama builds this morning, that there are a number of very interesting pending cert petitions on sentencing issues that might get adjudicated this morning.  Via this SCOTUSblog post on "Petitions to Watch," here are highlights of just some of the petitions on which I am rooting for cert:

Rhodes v. Judiscak -- Issue(s): Whether a federal prisoner’s habeas petition challenging the length of his incarceration remains justiciable while he is serving a term of supervised release in light of United States v. Johnson, under which a finding that a prisoner was over-incarcerated is an “equitable consideration[ ] of great weight” in a later proceeding to reduce his term of supervised release.

Herring v. Florida -- Issue(s): Whether the Florida Supreme Court’s refusal to permit consideration of the standard error of measurement in its determination of mental retardation in capital cases violates the Eighth and Fourteenth Amendments, which forbid the execution of a mentally retarded person under Atkins v. Virginia.

Gabayzadeh v. United States -- Issue(s): (1) Whether the “one book” rule in the Sentencing Guidelines, sections 1B1.11(b)(2) and (3), which requires retroactive application of the latest, harsher guidelines when defendants have committed offenses both before and after the Guidelines have been amended, violates the Ex Post Facto Clause; and (2) whether, after this Court rendered the federal sentencing guidelines advisory in its decision in United States v. Booker, the Ex Post Facto Clause continues to forbid applying amendments to the Guidelines retroactively to increase the presumptive punishment of criminal defendants.

Also, truly hard-core SCOTUS sentencing geek should also surely be extra excited that we are likely to see a whole boatload of crack case petitions GVR'd in light of last week's Dorsey ruling.

June 25, 2012 at 09:30 AM | Permalink


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Wait a minute, please! Were these petitions for writ denied on Nune 25, 20120, the same day that you posted this piece? Now, I am confused!

Posted by: John Marshall | Jun 27, 2012 7:47:24 PM

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