Legal Commentary

The Supreme Court?s relisted cases

By John Elwood

I discuss the cases (apparently) relisted by the Supreme Court here.  I?m in the process of adding a couple of state-court cases I mistakenly left off, including one interesting-looking case Greenwire?s Lawrence Hurley told me about involving a warrantless search of private residential property that a state court upheld as an ?administrative? search.

In particular, it looks like Felker v. Jackson, 10?797, may be under consideration for summary reversal. The State of California has petitioned for review in a habeas case (check) arguing that the Ninth Circuit (check) disregarded the limitations on its jurisdiction imposed by AEDPA (check). The Ninth Circuit held below that the prosecutor?s proffered race-neutral bases for peremptory challenges were insufficient to counter evidence of purposeful discrimination in jury selection. The Court appears to have relisted the case three times and it requested the record on February 18. The Court is now reviewing the record; we should have a better idea by March 21 or 28 whether this is on a glide path for summary reversal.

Full post as published by The Volokh Conspiracy on March 07, 2011 (boomark / email).