Editor's Note :

Editor's Note :

The Court has not announced its plans for next week regarding the release of opinions, if any. At this time of the Term, however, it would be unusual if there were none.

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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