We have identified six cases that the Court relisted at its January 14 Conference.  Three of the cases have been relisted two or more times; the others are on their first relist. 

If a case has been relisted once, it generally means that the Court is paying close attention to the case, and the chances of a grant are higher than for an average case.  But once a case has been relisted more than twice, it is generally no longer a likely candidate for plenary review, and is more likely to result in a summary reversal or a dissent from the denial of cert.

Title: Swarthout v. Cooke (relisted after  12/10, 1/7, and 1/14 Conferences)
Docket: 10-333
Issue(s): Whether a federal court may grant habeas corpus relief to a state prisoner based on its view that the state court erred in applying the state-law standard of evidentiary sufficiency governing state parole decisions.

Certiorari stage documents:

Title: Sheets v. Simpson (relisted after 1/7 and 1/14 Conferences)
Docket: 10-458
Issue(s): (1) Whether a prison inmate is in “custody” for Miranda purposes if law enforcement officers isolate and question him about criminal conduct occurring outside the prison but impose no additional restraints or coercive pressures beyond those inherent in ordinary prison confinement; and (2) whether a police officer violates clearly established Miranda law by advising a defendant who asks him whether a polygraph examination will confirm the veracity of the defendant’s statements that defendant will not have any trouble if his statements are truthful, but that he should terminate the examination and consult an attorney if he is lying.

Certiorari stage documents:

Title: Reynolds v. United States (relisted after 1/7 and 1/14 Conferences)

Docket: 10-6549

Issue(s): Validity of the Sex Offender Registration and Notification Act and its implementing regulations

Certiorari stage documents:

Title: Roberts v. Kauffman Racing Equipment, LLC (relisted after 1/14 Conference)
Docket: 10-617
Issue(s): Whether the Due Process Clause permits a state to exercise personal jurisdiction over a nonresident defendant based solely on a claim that the defendant committed an intentional tort on the Internet knowing that the plaintiff resided in the forum State.

Certiorari stage documents:

Title: Brooks v. Gaenzle (relisted after 1/14 Conference)
Docket: 10-621
Issue(s): Whether a fleeing suspect, who was intentionally shot in the back by police but not immediately arrested, was "seized" for Fourth Amendment purposes.

Certiorari stage documents:

Title: Howes v. Fields (relisted after 1/14 Conference)
Docket: 10-680
Issue(s): Whether this Court's clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always “in custody” for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison regardless of the surrounding circumstances.

Certiorari stage documents:

Posted in Merits Cases

Recommended Citation: John Elwood, Re-list watch, SCOTUSblog (Jan. 18, 2011, 1:06 PM), http://www.scotusblog.com/2011/01/re-list-watch/