Monday, January 14, 2008

Cert denied in capital sentencing cases

Lyle Denniston tells me the Supreme Court denied cert this morning in the three pending cases raising the question whether the confrontation right applies at the selection phase of capital sentencing. No surprise in view of the fact that the Court didn't act on the petitions Friday; at this time of year, the Court accelerates briefing schedules to fit cases in before the end of term, so it announces grants shortly after the conference on Friday, and waits until Monday to announce denials. Sooner or later, this is probably going to be an issue the Court will have to resolve.

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