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Cert grants

By Karl R. Keys, Esq.

The Court today granted cert in Jeffrey Beard v. Kindler &  Holly Wood v. Allen.  The SCOTUSBlog on the Kindler grant notes: Docket: 08-992 Title: Beard v. Kindler Issue:  Is a state procedural rule automatically ?inadequate? under the adequate-state-grounds doctrine - and therefore unenforceable on federal habeas corpus review - because the state rule is discretionary rather than mandatory? Opinion below (3rd Circuit) Petition for certiorari On Wood, we noted in the weekly at the time of the 11th Circuit’s opinion: Holly Wood v. Allen, 2008 U.S. App. LEXIS 19613 (11th Cir 9/16/2008) (dissent) “We affirm the district court?s November 20, 2006 order denying Wood?s Atkins and Batson claims but reverse the order?s grant of the writ based on ineffective assistance of counsel and remand with instructions to deny Wood?s § 2254 petition...continue to full post

Full post as published by Capital Defense Weekly on May 18, 2009 (boomark / email).