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October 7, 2019

So many cert denials, and lots of Davis and Rehaif GVRs, in first big SCOTUS order list of OT19

The Supreme Court this morning has released this 78-page order list that resolves lots and lots of the cases that pile up at the Court during its summer recess.  The list of cases in which certiorari has been denied runs dozens of pages, and I was a bit surprised that this order list does not have any statements from any Justices about any of these denials.  (In all likelihood, any cases the Justices thought debatable have been relisted for possible comment in later order lists.)

The order list start with a long list of cases in which "certiorari is granted, [t]he judgment is vacated, and the case is remanded" to the relevant Court of Appeals." The vase majority of the GVRs cite the Supreme Court's work in US v. Davis, No. 18-431 (S. Ct. June 24, 2019) (available here; discussed here) and Rehaif v. US, No. 17-9560 (S. Ct. June 21, 2019) (available here; discussed here).  These GVRs are not surprising, as I wondered aloud in this post back in June about the likely mess and challenge that Davis and Rehaif  surely presented for lower courts.  As is their custom, the Justices are eager to send cases back to the lower courts to start the clean up effort.

October 7, 2019 at 09:45 AM | Permalink


Our friend Chad Marks (held at FMC - Lexington)is doing good work for 80 year old inmate Robert Barnett (case from E.D. Ky.) using the Supreme Court's Davis decision. Chad obtained leave from the 6th Circuit to file a second or successive 2255 for Bob, based upon the Davis decision. The Magistrate Judge has ordered the Government to respond to the new 2255 Motion. Bob was sentenced to 10 years for interstate murder for hire and 30 consecutive years for providing a silenced machine gun to the "hit man" (who turned out to be an undercover ATF agent). It turns out that murder for hire is not a crime of violence, and even if it was, the residuary clause's definition of crime of violence has been found to be unConstitutionally vague. How many people will ever have a real chance to give 30 years back to the Feds? Chad is doing great work for his fellow inmate. I am looking for a local Lexington attorney to take the case over and argue it for Bob.

Posted by: James Gormley | Oct 7, 2019 10:40:50 PM

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