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Louisiana seeks rehearing in Kennedy child rape case (with some notable lawyers helping out)

By Douglas A. Berman

As detailed in this SCOTUSblog post, "Louisiana on Monday asked the Supreme Court to reconsider its ruling a month ago striking down the death penalty for the crime of child rape."  Here are more particulars:The rehearing petition, citing an omission in the Court?s opinion of any mention of a federal law on that issue, was filed late Monday afternoon. The petition in Kennedy v. Louisiana (07-343) can be found here. Noting that the Court ?almost never grants petitions for rehearing,? the state?s filing said this was ?the rare exception.? It cited an 1875 ruling (Ambler v. Whipple), saying that an omission ?material to the decision of the case? makes ?a strong appeal for reargument.? The petition said that either the rehearing should be granted, or the Court should ?first seek the views? of the U...continue to full post

Full post as published by Sentencing Law and Policy on July 21, 2008 (boomark / email).