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Berry on Deck?

By Kent Scheidegger et al.

Last October, the Supreme Court denied certiorari and a stay in Earl Berry's case from the Mississippi Supreme Court but then granted a stay in his federal § 1983 case from the Fifth Circuit. Previous posts are here and here. By its terms, that stay terminates automatically if the certiorari petition is denied. Berry's certiorari petition, No. 07-7348, is now on conference for tomorrow. A decision on it will probably be announced Monday. Lyle Denniston at SCOTUSblog has this post and Berry's supplemental brief, noting differences between Mississippi's protocol and Kentucky's. But the judgment Berry wants reviewed wasn't decided on the merits. Berry was convicted of murder 19 years ago and resentenced to death over 15 years ago. His conviction and sentence became final upon the 7 October 2002 denial of certiorari by the United States Supreme Court...continue to full post

Full post as published by Crime and Consequences on April 17, 2008 (boomark / email).