In a capital habeas matter, the petition for certiorari is granted and the court of appeals' order is vacated and remanded where the court of appeals incorrectly held that the habeas petition, which claimed that petitioner was denied discovery into the issue of whether there had been improper communications between the judge and jury, was procedurally barred based on an insufficient record, contrary to Cone v. Bell, 556 U.S. ___ (2009).
Read Wellons v. Hall, No. 09-5731
Appellate Information
Filed January 19, 2010
Judges
Per Curiam
Dissent by Justice Scalia
Dissent by Justice Alito
