Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
07-1114 | 6th Cir. |
Dec 9, 2008 |
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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