Gary Cone's habeas appeals have ping ponged throughout the federal court system for years, and they are not over yet. Today the Supreme Court granted certiorari in Cone v. Bell. At issue is whether Cone procedurally defaulted on some of his potential claims. I covered the last opinion of the U.S. Court of Appeals for the Sixth Circuit here, and the opinion is here.
Cone is not the only habeas case from the Sixth Circuit to go up. The Supreme Court also granted certiorari in Harbison v. Bell. As I understand the issue in this case, it concerns whether Harbison's federally-funded habeas counsel could seek clemency on Harbison's behalf, and whether a certificate of appealability is necessary to challenge a decision to the contrary.