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New Briefing on Capital Child Rape Case

By Kent Scheidegger et al.

The U.S. Supreme Court has asked for additional briefing on the rehearing petition in the capital child rape case decided in June, Kennedy v. Louisiana. This is most unusual. Rehearing petitions in cases decided after full briefing and argument are usually exercises in futility. But this is an unusual case. Jess Bravin has this story in the WSJ. Lyle Denniston has this post at SCOTUSblog. I expect that after the supplemental briefing we will see an order denying rehearing and explaining that the previously overlooked military statute does not change the Court's conclusion as to the Louisiana law. It will be interesting to see what they say about whether their decision applies to the military. As noted earlier on this blog, the Court has never expressly said whether the whole Furman line, of which Kennedy is a part, applies to the military at all.continue to full post

Full post as published by Crime and Consequences on September 09, 2008 (boomark / email).