|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Dec 9, 2008
||Apr 28, 2009||7-2||Stevens||OT 2008|
Disclosure: Akin Gump represented the petitioner.
Issue: Whether a federal habeas claim is â€œprocedurally defaultedâ€ 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.