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On Tuesday, April 28, the Supreme Court announced its decision in Cone v. Bell. In this case, the Supreme Court considered whether petitioner Cone is entitled to federal habeas review of his Brady claim that the state suppressed material evidence during his prosecution and sentencing. Justice Stevens, writing for a six justice majority, held that the state court’s rejection of Cone’s Brady claim is not barred from federal review, vacating the judgment of the Sixth Circuit below and remanding the case to the district court. Criminal Justice Legal Foundation Legal Director Kent Scheidegger discusses the decision.




Oral Argument - December 9, 2008:


Decision - April 28, 2009:


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