Another alert reader raised two other noteworthy petitions. First, No. 04-1328, Ferguson v. West Virginia, presents a question regarding the scope of the confrontation right recognized in Crawford v. Washington. A post-Crawford case seems very likely to be granted in the next few months; I believe there are several vehicles available from which the Court could choose. Second, No. 04-1324, Day v. Crosby, presents essentially the same question as a case I listed (05-3, Bendolph v. United States) — whether a district court on habeas may raise the defense of timeliness sua sponte — but may be a better vehicle to decide the issue.
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