In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
Issue: (1) Whether the Seventh Circuit contravened either the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) or Teague v. Lane by announcing and applying a new rule that excluding a witness who is incompetent to testify under state law may violate a defendant’s Sixth Amendment right to compulsory process; and (2) whether the Seventh Circuit contravened AEDPA by rejecting the state appellate court’s factual determination that the child witness was sleeping when the victim died, as the child himself claimed, in the absence of clear and convincing evidence to the contrary.