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Looking Ahead to Next Week’s Conference

The Court will issue an Order List on Monday. You can read Tom’s discussion of possible grants on that list here; meanwhile, we’re also looking ahead to the Court’s conference on June 23 — the final conference before the summer recess. One of the cases that we’re watching on that conference is No. 04-1196, Kelley v. Crosby, a capital case that presents interesting Brady and ineffective assistance of counsel issues. The case also received some media attention because it presented the unusual pairing of Laurence Tribe (who, in his first-ever capital cert. petition, serves as Kelley’s counsel of record) and Kenneth Starr (who appeared as counsel on an amicus brief in support of Kelley). [Disclosure: Goldstein & Howe also appeared as counsel on the same amicus brief.]

The case was originally considered at the May 12 conference, after which the Court called for the record from the Eleventh Circuit. The record did not arrive until June 7 — literally just in time for the case to be considered at the Court’s final conference.