Wednesday, December 10, 2008

Oral argument in Cone v. Bell

Here's a link for a transcript of the oral argument in Cone v. Bell, 07-1114, before the SCOTUS on Tuesday, December 9, 2008. In his cert petition, Cone presented two questions relative to his Brady claim: (1) whether a federal habeas claim is “procedurally defaulted” because it has been presented twice to the state courts; and (2) whether a federal habeas court is powerless to recognize that a state court erred in holding that state law precludes reviewing a claim.

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