Death Penalty Appeal to the Supreme Court: Lyle Denniston at SCOTUSblog posted on Earl Wesley Berry's recent petitions to the U.S. Supreme Court. Berry had petitioned the U.S. Supreme Court for a stay of execution back in April, our posts on the denial of stay can be found here, and here. Denniston's post on SCOTUSblog reports that Berry's new petition raises an issue that has never been decided:whether a a procedural defect that had been caused by a lawyer's mistake, can clear the way for execution of an individual if there is evidence that he is mentally retarded? On a quick review, there appear to be some gaping holes in the argument. Berry is scheduled to be executed in Mississippi tomorrow night at 6pm.
UPDATE: SCOTUSblog reported that the Supreme Court refused in late afternoon Wednesday to delay the execution in Mississippi of Earl Wesley Berry. The Court also denied review of his appeal.

Bench Memos Supreme Court Watch: Ed Whalen at Bench Memos is keeping track of the U.S. Supreme Court. According to Whalen, "nearly half the Court’s rulings for the term will be rendered over the next five weeks." The ruling we're anticipating most is the Court's decision in Boumediene v. Bush (and Al Odah v. United States). Criminal Justice Legal Foundation filed an amicus brief in the case, which can be found here. Whalen speculates Justice Kennedy is the author of this opinion.