According to this article, brand new Justice Sotomayor made her first public vote. It was in a capital case and the order is here. The court denied a request for a stay and for certiorari. Sotomayor voted with the more liberal justices in concluding that a stay should have been granted. Even though I think this was a section 1983 case (I believe it was one of those method of excecution = cruel and unusual punishment), it still is an encouraging sign for habeas petitioners from the new Justice.
By the way, I neglected to mention in my post about Davis earlier today that Sotomayor did not participate in the decision.
By the way, I neglected to mention in my post about Davis earlier today that Sotomayor did not participate in the decision.
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