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SCOTUS takes capital cases

By Karl R. Keys, Esq.

The Supreme Court has granted cert in two cases of interest. From the SCOTUSBlog: Docket: 07-1114 Case name: Cone v. Bell Issue: Whether a federal habeas claim is ?procedurally defaulted? because it has been presented twice to the state courts, and whether a federal habeas court is powerless to recognize that a state court erred in holding that state law precludes reviewing a claim. (Disclosure: Akin Gump represents the petitioner) Opinion below (6th Circuit) Petition for certiorari Brief in opposition Petitioner?s reply Brief amicus curiae of Veterans for America (in support of the petition) Brief amicus curiae of Former Prosecutors (in support of the petition) Docket: 07-8521 Case name: Harbison v. Bell Issue: Whether the Terrorist Death Penalty Enhancement Act of 2005 provides prisoners sentenced under state law the right to federally appointed and funded counsel to pursue clemency under state law, and whether a district court?s denial of such a request may be appealed without a certificate of appealability...continue to full post

Full post as published by Capital Defense Weekly on June 23, 2008 (boomark / email).