Blazier – er, I mean Pendergrass update

CAAFLog has posted a link to the denial of certiorari in Pendergrass v. Indiana.  When the Supremes, or any appellate court, denies a petition this is what I usually think of.  Probably need to update my trial notebook because there must be a more recent “quote?”  Stern & Gressman must be past a 7th edition?

[D]enial of a petition for writ of certiorari . . . simply means that fewer than four members of the Court deemed it desirable to review a decision of the lower court as a matter "of sound judicial discretion." A variety of considerations underlie denials of the writ, and as to the same petition different reasons may lead different Justices to the same result.. . . Inasmuch, therefore,  all that a denial of a petition for a writ of certiorari means is that fewer than four members of the Court thought it should be granted, this Court has rigorously insisted that such a denial carries with it no implication whatever regarding the Court’s views on the merits of a case which it has declined to review. The Court has said this again and again; again and again the admonition has to be repeated.  United States v. Carver, 260 U.S. 482 (1923).  See also, Evans and Jordan v. Stephens, et. al., 544 U.S. 942, n.1 (2005)("Nothing is more basic to the functioning of this Court than an understanding that denial of certiorari is occasioned by a variety of reasons which precludes the implication that were the case here the merits would go against the petitioner"); and see, Stern & Gressman, Supreme Court Practice, 7th ed., para. 5.7.

So, what will CAAF do about Blazier?

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