Two quick items.
First, the Supreme Court asked for a response from the prosecution in the Battles persistent felony offender case. That's welcome news. The request for a response increases the odds that cert. will be granted. Of course, they still remain pretty low. But at least there is some renewed hope that something might happen. The recent COA based on Battles is beginning to look more and more justifiable (unfortunately, it appears that the petitioner has yet to file a notice of appeal, and the clock, as they say, is running).
Second, the New York Times has an article today about the cert. petition in Rosario v. Griffin (warning - NYT link),* which I have discussed around here recently.
*As I have mentioned in a soon-to-be-posted post, I am relaxing my policy about linking to the New York Times. I will just warn when it's happening.
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