Today in Supreme Court History: July 10

Turner v. Quarterman, 554 U.S. 933 (decided July 10, 2008): stay of execution denied, as it had been by the Fifth Circuit, but we learn from the Fifth Circuit dissent that defendant’s sole argument -- that he was entitled to federally appointed counsel in his clemency proceeding -- though foreclosed by Fifth Circuit precedent, had been decided differently by other Circuits and the Supreme Court had just granted certiorari to deal with the split. (In that case, Harbison v. Bell, the Court came down on Mr. Turner’s side, but the decision was rendered on April 1, 2009, some nine months after he was executed by lethal injection.)