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Cert. petitions in Johnson and Thomas survive another week

Certiorari petitions filed with the United States Supreme Court by Donte Johnson and Marlo Thomas remain pending before the Court. The petitions were first distributed for conference on September 24, 2007. Another conference was held last week. Both cases present the issue of whether the Nevada Supreme Court was wrong in its 4-3 decision finding that the Confrontation Clause does not apply to capital penalty hearings. The cases also present an issue concerning whether a justice may hear and rule on a case if she is negotiating for employment with the prosecuting attorney's office that is counsel on the case. Several other cases from federal and state courts also present the first issue to the Court. It is believed that the second issue is unique.

This week's order list is available here, with thanks to Scotusblog. There were no grants of certiorari this week.

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