SCOTUS Orders

SCOTUS set Bobby v. Bies (see below) for oral argument on April 27, 2009. In another effort to throw the world into turmoil, the Court granted cert in Smith v. Spisak, 08-724. The case involves the application of Mills v. Maryland to Ohio's "acquittal first" instruction, as well as the boundaries of ineffective assistance of counsel. Spisak is represented by Mike Benza, and Alan Rossman of the Northern District CHU. The Circuit opinions can be found here and here

Sixth Circuit Denies Stay, COA to Steve Henley

The Sixth Circuit issued two unpublished orders yesterday denying petitioner Steve Henley a COA on his Rule 60 motion (09-5085) and a stay of execution based on a lethal injection challenge (09-5084). In Henley v. Bell, Henley argued that a COA is unnecessary to appeal the denial of a Rule 60 motion. The court disagreed, holding that pursuant to United States v. Hardin, 481 F.3d 924 (6th Cir. 2007), a COA is required to appeal the denial of a Rule 60 motion in a habeas proceeding, and that Henley did not meet the standard for a COA. In Henley v. Little, the petitioner asked for a stay of execution pending the Circuit's disposition of Harbison v. Little (No. 07-6225, argued January 20, 2009), a Section 1983 challenge to Tennessee's LI protocol. The court declined the stay, holding that by any calculations Henley had missed the statute of limitations deadline by a significant amount. Henley was executed early this morning in Tennessee. Click here for the press report.