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US Supreme Court Docket

Supreme Court Docket

[Download January 12, 2008 Argument Calendar PDF]

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Cone v. Bell
No. 07-1114


    Gary Bradford Cone v. Ricky Bell


    Criminal Law and Procedure, Habeas Corpus


    On state post-conviction review, the Tennessee courts refused to consider
    petitioner’s claim under Brady v. Maryland, 373 U.S. 83 (1963), on the ground that
    the claim had already been “previously determined” in the state system. On federal
    habeas, a divided panel of the Sixth Circuit held that the state courts’ ruling
    precluded consideration of the Brady claim. The court of appeals reasoned (in
    conflict with decisions of five other circuits) that the claim had been “procedurally
    defaulted.” The court of appeals further reasoned (widening an existing four-to-two
    circuit split) that the state courts’ ruling was unreviewable. Seven judges dissented
    from the denial of rehearing en banc.

    The question presented is whether petitioner is entitled to federal habeas review
    of his claim that the State suppressed material evidence in violation of Brady v.
    Maryland, which encompasses two sub-questions:

    1. Is a federal habeas claim “procedurally defaulted” because it has been
    presented twice to the state courts?

    2. Is a federal habeas court powerless to recognize that a state court erred in
    holding that state law precludes reviewing a claim?



  • Docket Sheet From the U.S. Supreme Court.


    Coming Soon
Counsel of Record

For Petitioner:

Thomas C. Goldstein
Akin Gump Strauss Hauer & Feld, LLP
Washington, DC

For Respondent:
Jennifer L. Smith
Associate Deputy Attorney General
Office of the Attorney General of Tennessee
Washington, DC


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