Here's the situation:
Defendent filed an 11.07. CCA denied.
Now defendant has filed a cert petition at SCOTUS complaining about the 11.07 denial.
It's not a federal writ. It seems to be an appeal from the CCA denial.
Is this kosher?
How do y'all generally handle these?
Cert. may be sought from the denial of relief from the highest state court. Typically, the Supreme Court prefers to review state habeas claims after it is raised through the federal writ process rather than directly from the state writ.
On the Supreme Court website, there is a waiver form: http://www.supremecourt.gov/casehand/waiver.pdf
If cert. is granted, someone licensed in the Supreme Court will have to respond.
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