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Oral Arguments in Cone v. Bell

By cdw

The Court on Tuesday heard oral argument in Cone v. Bell (transcript here).  In theory the case is about he arcane rules of federal habeas corpus.  The argument quickly turned, however, to whether trial prosecutors cheated in getting a death verdict and appellate prosecutors cheated in protecting that verdict. Rarely does a defense lawyer’s paranoia about the State suppressing favorable evidence get confirmation by a prosecutor’s argument in the Supreme Court. In oral argument the State of Tennessee, goes farther than merely confirming the fear of being sand bagged, counsel for Bell stops just short of bragging about it. Arguing that evidence directly contradicting the State’s theory of the case in the penalty phase did not have to be disclosed, at least four justices appeared not only incredulous, but openly wondered whether the State wholesaledly (if that is a word) abandoned its core ethical obligations...continue to full post

Full post as published by Capital Defense Weekly on December 10, 2008 (boomark / email).