Federal Judiciary

Reply Brief in Cone v. Bell

By Akin Gump Supreme Court Practice Group

Yesterday, Akin Gump and the Stanford Clinic filed this reply brief in the case of Cone v. Bell.  The issue is 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.

The cert. petition can be found here, the brief in opposition here, and the opinion below of the Sixth Circuit is here.  Additionally, cert. stage amicus briefs in support of petitioner can be found here on behalf of Veterans for America and here on behalf of Former Prosecutors.

The case is scheduled to be considered at the Conference of June 5.

Full post as published by SCOTUSBLOG on May 23, 2008 (boomark / email).