SCOTUSblog posts, "Breaking News."
The Court has granted one new case: Jennings v. Stephens, in which it will consider when a habeas petitioner must seek a certificate of appealability to defend a district court’s judgment in his favor.
Issue: Whether the Fifth Circuit erred in holding that a federal habeas petitioner who prevailed in the district court on an ineffective assistance of counsel claim must file a separate notice of appeal and motion for a certificate of appealability to raise an allegation of deficient performance that the district court rejected even though the Fifth Circuit acquired jurisdiction over the entire claim as a result of the respondent’s appeal.
This is a Texas death penalty case. It will be argued at the Court during the next term, which will begin in October 2014.
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