Editor's Note :

Editor's Note :

We expect the court to issue additional orders from its October 28 conference on Monday at 9:30 a.m.
On Monday the court hears oral argument in Fry v. Napoleon Community Schools. Amy Howe has our preview.
On Monday the court also hears oral argument in Star Athletica v. Varsity Brands. Ronald Mann has our preview.

Cone v. Bell

Docket No. Op. Below Argument Opinion Vote Author Term
07-1114 6th Cir. Dec 9, 2008
Apr 28, 2009 7-2 Stevens OT 2008

Disclosure: Akin Gump represented the petitioner.

Issue: 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.

Judgment: Vacated and remanded, 7-2, in an opinion by Justice John Paul Stevens on April 28, 2009.

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