BELL v. KELLY, WARDEN

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55 OCTOBER TERM, 2008
Syllabus
BELL v. KELLY, WARDEN
certiorari to the united states court of appeals for
the fourth circuit
No. 07–1223. Argued November 12, 2008—Decided November 17, 2008
Certiorari dismissed. Reported below: 260 Fed. Appx. 599.
Richard P. Bress argued the cause for petitioner. With
him on the briefs were Maureen E. Mahoney, J. Scott Bal
lenger, Matthew K. Roskoski, Robert Lee, Jonathan P. Shel
don, and Randi R. Vickers.
Katherine B. Burnett, Senior Assistant Attorney General
of Virginia, argued the cause for respondent. With her on
the brief were Robert F. McDonnell, Attorney General, and
Jerry P. Slonaker, Senior Assistant Attorney General.*
*Briefs of amici curiae urging reversal were filed for Former State
Court Judges by Susan J. Kohlmann; for the National Association of Fed
eral Defenders et al. by Andrea D. Lyon, Pamela Harris, and Frances H.
Pratt; and for the Virginia Association of Criminal Defense Lawyers by
Ashley C. Parrish and Marvin D. Miller.
Briefs of amici curiae urging affirmance were filed for the State of
Idaho et al. by Lawrence G. Wasden, Attorney General of Idaho, and Jes
sica M. Lorello, L. LaMont Anderson, and Kenneth K. Jorgensen, Deputy
Attorneys General, by Kevin T. Kane, Chief State’s Attorney of Connecti
cut, and by the Attorneys General for their respective States as follows:
Troy King of Alabama, Dustin McDaniel of Arkansas, John Suthers of
Colorado, Joseph R. Biden III of Delaware, Bill McCollum of Florida,
Thurbert E. Baker of Georgia, Mark J. Bennett of Hawaii, Steve Carter of
Indiana, Steve Six of Kansas, Jack Conway of Kentucky, Martha Coakley
of Massachusetts, Lori Swanson of Minnesota, Jim Hood of Mississippi,
Jeremiah W. (Jay) Nixon of Missouri, Mike McGrath of Montana, Jon
Bruning of Nebraska, Catherine Cortez Masto of Nevada, Kelly A. Ayotte
of New Hampshire, Anne Milgram of New Jersey, Gary K. King of New
Mexico, Wayne Stenehjem of North Dakota, W. A. Drew Edmondson of
Oklahoma, Thomas W. Corbett, Jr., of Pennsylvania, Henry D. McMaster
of South Carolina, Lawrence E. Long of South Dakota, Greg Abbott of
Texas, Mark L. Shurtleff of Utah, Robert M. McKenna of Washington,
and Bruce A. Salzburg of Wyoming; for the Criminal Justice Legal Foun

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56 BELL v. KELLY
Per Curiam
Per Curiam.
The writ of certiorari is dismissed as improvidently
granted.
It is so ordered.
dation by Kent S. Scheidegger; and for the Virginia Association of Com
monwealth’s Attorneys by Joel R. Branscom.