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October 6, 2014

SCOTUS keeps rejecting important follow-up Graham and Miller issues

The Supreme Court this morning issued this lengthy order list that has 60+ pages listing case after case for which the Justices have denied certiorari review.  Not suprisingly, folks are surprised to discover that all the same-sex marriage cases brought to the court over the summer are on the cert denied list (SCOTUSblog discussion here, AP discussion here).  

Sentencing fans will also be interested to learn about another group of notable state cases on the cert denied list this morning.  A helpful reader provided this account: "For what it’s worth, the US Supreme Court declined to hear at least three virtual LWOP cases (Goins v. Lazaroff, Barnette v. Ohio, and Bunch v. Ohio). They also declined to hear at least two cases on the retroactivity of Miller, including one that was an appeal by a state (Evans v. Ohio and Nebraska v. Mantich)."  

I have long believed it will only be a matter of time before the Justices take up at least a few important follow-up Graham and Miller Eighth Amendment issues. These cert denials suggest that the Justices are content to let the issues continue to be resolved only by lower courts for the foreseeable future.  

October 6, 2014 at 10:15 AM | Permalink


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Notably, the court took no action on the acquitted conduct case.

Posted by: anonymous | Oct 6, 2014 10:30:16 AM

My view is that it is time we repealed The Judiciary Act of 1925.

That'll learn them.

Posted by: Daniel | Oct 6, 2014 3:34:35 PM

Actually, they reset Ball, Jones (and friend) for this week's conference... hopeful sign, perhaps...

Posted by: DCH | Oct 6, 2014 3:39:08 PM

I will have more to say on the relist of the acquitted conduct case in a coming post.....

Posted by: Doug B. | Oct 6, 2014 3:44:22 PM

The relist hadn't shown up yet when I made the earlier comment.

Posted by: anonymous | Oct 6, 2014 5:25:53 PM

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