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March 6, 2017

No grants, but latest SCOTUS order list still has lots of intrigue for criminal justice fans (especially those concerned with risk-assessment sentencing)

The Supreme Court this morning released this order list, and it is extended because there is a summary per curiam GVR in a Nevada capital case (available here) and a trio of extended statements concerning the denial of cert (two of which were authored by Justice Thomas and one of which comes from Justice Sotomayor).  I would comment at length about these matters, but SCOTUS has provided bigger sentencing fish to fry by also deciding the Beckles vagueness case today (discussed here).

For hard-core sentencing fans, perhaps the most intriguing aspect of the order list is this item:

16-6387 LOOMIS, ERIC L. V. WISCONSIN

The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.  

As some may recall from some prior postings, Loomis concerns a due process challenge to the use of risk-assessment instruments at sentencing. It will be very interesting to see what the Trump Administration decides to say in this case and to see if SCOTUS ultimately takes up this timley and consequential issue. 

Prior related posts on Loomis case:

March 6, 2017 at 10:04 AM | Permalink

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