Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Cone v. Bell

Docket No. Op. Below Argument Opinion Vote Author Term
07-1114 6th Cir. Dec 9, 2008
Tr.
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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