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No Action on Berry

The U. S. Supreme Court's orders list from last week's conference is here. Conspicuously absent is Berry v. Epps, No. 07-7348. On October 30, the Court granted a stay of execution in that case but provided that the stay terminated automatically if certiorari were denied. The certiorari petition was on the conference list for Friday, but apparently it has been delayed to a future conference. Our previous post is here.

If the Court has simply decided to hold all cases until it resolves Baze v. Rees, one can only wonder why they put it on the conference list at all.

Posted by Kent Scheidegger on December 3, 2007 08:29 AM |

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Only 2 scenarios: they will hold it until Baze is decided or they are working on an opinion now. Agreed it is strange why to have the conference if they are going to shelve it for 5 or so months.

Posted by: DaveP [TypeKey Profile Page] | December 6, 2007 05:17 AM

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