Tuesday, 23 January 2007

Cert action pending?

Cert action pending?
Another potential capital habeas cert grant

From the brain trust at HAT:
On January 19, 2007, Justice Kennedy issued an order staying the evidentiary hearing scheduled for January 23, 2007 in the Central District of California in California death row inmate John Visciotti´s pending habeas case. Ayers v. Visciotti, 06A711. The evidentiary hearing is stayed pending the Court´s receipt of supplemental briefs which are to address two questions: (1) Did Visciotti raise before the state court the claim to be addressed by the scheduled evidentiary hearing?: and (2) Did Visciotti raise before the district court prior to the Supreme Court´s decision in Woodford v. Visciotti, 537 U.S. 19 (2002) (per curiam), the claim to be addressed by the evidentiary hearing?

The supplemental briefs are not to exceed 10 pages and are due on January 24, 2007. Reply briefs of up to 5 pages may be filed on or before January 26, 2007.

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