The Supreme Court has docketed a cert petition in the capital case of Loving v. United States, No. 09-989.  The SG’s response is due by 24 March.

We’ve posted the cert petition here.  Here are the QPs:

1.WHETHER, PRIOR TO APPLYING THE INEFFECTIVE ASSISTANCE OF COUNSEL TEST OF STRICKLAND V. fiASHINGTON, 466 U.s. 668 (1984), A COURT CONSIDERING A HABEAS PETITION MUST DETERMINE IF A PETITIONER’S CLAIM SHOULD BE EVALUATED SUBJECT TO A PRESUMPTION OF EVIDENTIARY PREJUDICE, IF PREJUDICE DUE TO THE PASSAGE OF TIME HAS BEEN ALLEGED.

2.WHETHER THE U.S. COURT OF APPEALS FOR THE ARMED FORCES CONTRAVENED THE DIRECTIVES OF BARKER v. WINGO, 407 U.s. 514 (1972) AND DOGGETT v. UNITED STATES, 505 U.s. 647 (1992) WHEN IT FAILED TO ASSESS APPROPRIATENESS OF, LET ALONE APPLY, A PRESUMPTION OF EVIDENTIARY PREJUDICE FOLLOWING MORE THAN A DECADE OF DELAY IN THE CONDUCT OF A POST-CONVICTION HEARING CONCERNING INEFFECTIVE ASSISTANCE OF COUNSEL IN PRESENTING MITIGATION EVIDENCE IN A CAPITAL SENTENCING PROCEEDING.

3 Responses to “Breaking news: Supremes docket cert petition in Loving v. United States [UPDATED]”

  1. anonymous says:

    O lord. Will it never end?

  2. Capt B says:

    As the saying goes, “Death is different.”

  3. anonymous says:

    But, if Congress takes death off the table, the mantra will be “LWOP is different” and so on.