Cone v. Bell
| 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.
SCOTUSblog Coverage
- Justice Stevens' Commitment to Prosecutorial Ethics (Rory Little, May 7, 2010)
- Debate continues over the Court's "GVR" authority (Kevin Russell, January 21, 2010)
- Argument Recap: Cone v. Bell (Eliza Presson, December 17, 2008)
- Cone v. Bell Reply Brief (Tom Goldstein, December 1, 2008)
- A new vote for property rights? (Lyle Denniston, June 23, 2008)
- Reply Brief in Cone v. Bell (Jason Harrow, May 23, 2008)
- New Cert. Petition: Cone v. Bell (Jason Harrow, February 26, 2008)
- A new way to attack death sentences (Lyle Denniston, February 15, 2005)
Briefs and Documents
Merit briefs
- Brief for Petitioner Gary Bradford Cone
- Brief for Respondent Ricky Bell, Warden
- Reply Brief for Petitioner Gary Bradford Cone
Amicus briefs
- Brief for Former Prosecutors in Support of Petitioner
- Brief for Veterans For America in Support of Petitioner
- Brief for the Criminal Justice Legal Foundation in Support of Respondent
Certiorari-Stage Documents
- Opinion below (6th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Brief of Veterans for America in Support of Petitioner
- Brief of Former Prosecutors in Support of Petitioner
Merit briefs
- Brief for Petitioner Gary Bradford Cone
- Brief for Respondent Ricky Bell, Warden
- Reply Brief for Petitioner Gary Bradford Cone
Amicus briefs
- Brief for Former Prosecutors in Support of Petitioner
- Brief for Veterans For America in Support of Petitioner
- Brief for the Criminal Justice Legal Foundation in Support of Respondent
Certiorari-Stage Documents