CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Tuesday, April 26, 2005

SCOTUS Oral Argument Today

Supreme_court_19The Supreme Court will hear oral argument today in Bell v. Thompson, No. 04-0514.  Question presented: Did the 6th Circuit abuse its discretion by withdrawing its opinion affirming the denial of habeas corpus relief six months after Fed. R. App. P. 41(d)(2)(D) made issuance of the mandate mandatory, without notice to the parties or any finding that the court's action was necessary to prevent a miscarriage of justice, particularly where state judicial proceedings to enforce the inmate's death sentence had progressed in reliance upon the finality of the judgment in the federal habeas proceedings?  Details . . .  [Mark Godsey]

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