Comments on: Today’s Orders http://www.scotusblog.com/2007/12/todays-orders-11/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Tom Goldstein http://www.scotusblog.com/2007/12/todays-orders-11/#comment-13358 Tom Goldstein Tue, 04 Dec 2007 11:04:32 +0000 http://www.scotusblog.com/wp/uncategorized/todays-orders-11/#comment-13358 Hi Kent. Every petition gets sent to conference. That's where the vote to hold takes place. Hi Kent. Every petition gets sent to conference. That’s where the vote to hold takes place.

]]> By: Kent Scheidegger http://www.scotusblog.com/2007/12/todays-orders-11/#comment-13346 Kent Scheidegger Tue, 04 Dec 2007 00:36:58 +0000 http://www.scotusblog.com/wp/uncategorized/todays-orders-11/#comment-13346 Conspicuously absent from the orders list, evidently relisted, is the Mississippi lethal injection case, Berry v. Epps, No. 07-7348. The Court denied cert. in Berry's state court case for lack of jurisdiction (independent state ground of procedural default), and the federal court's denial of relief is clearly correct under Gomez v. United States District Court, 503 U.S. 653 (1992) regardless of how the substantive issue shakes out in Baze. If they are simply going to hold all executions until the Baze decision regardless of their procedural posture, why did they set it for conference at all? Conspicuously absent from the orders list, evidently relisted, is the Mississippi lethal injection case, Berry v. Epps, No. 07-7348. The Court denied cert. in Berry’s state court case for lack of jurisdiction (independent state ground of procedural default), and the federal court’s denial of relief is clearly correct under Gomez v. United States District Court, 503 U.S. 653 (1992) regardless of how the substantive issue shakes out in Baze.

If they are simply going to hold all executions until the Baze decision regardless of their procedural posture, why did they set it for conference at all?

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