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January 7, 2019

Supreme Court order list full of (state-friendly) criminal justice per curiams and notable cert denial with statements

The Supreme Court is full back in action for the New Year, beginning with this new long order list with the always-expected long list of denials of certiorari and denials of rehearing. But the list also includes these two notable per curiam rulings:

City of Escondido v. Emmons, No. 17-1660, which summarily reverses/vacates a Ninth Circuit ruling that two officers were not entitled to qualified immunity in a excessive force case.

Shoop v. Hill, No. 18-56, which summarily vacates a Sixth Circuit ruling that an Ohio capital defendant was entitled to habeas relief because the state courts misapplied precedents concerning an Eighth Amendment intellectual disability claim.

In addition, the SCOTUS order list includes these two cert denials that prompted notable statements from the Justices:

Hester v. US, No. 17-9082, concerned whether the Sixth Amendment requires jury findings in support of restitution orders and Justice Alito issued a concurrence in the cert denial, largely in response to Justice Gorsuch's extended dissent which was joined by Justice Sotomayor.

Lance v. Sellers, No. 17-1382, concerned a Georgia capital defendant's claim that his lawyer was constitutionally ineffective and Justice Sotomayor issued a lengthy dissent from the cert denial which was joined by Justices Ginsburg and Kagan.

In a separate post, I may have more to say about some of these rulings, particularly Justice Gorsuch's dissenting opinion in Hester.

UPDATE:  I now do have a new post on the Hester case here under the title "Purported SCOTUS originalists and liberals, showing yet again that they are faint-hearted, refuse to consider extending jury trial rights to restitution punishments."  And Amy Howe here at SCOTUSblog has a review of all the action today in the first big SCOTUS order list for 2019.

January 7, 2019 at 10:15 AM | Permalink

Comments

More 'rat judges getting summarily reversed. Ha ha.

The Ninth Circuit case is a joke--an absolute joke. What are we to think of the idiot who penned it and the idiots who joined it.

Posted by: federalist | Jan 7, 2019 9:43:32 PM

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