SCOTUSblog’s “Petition of the Day” for February 14 is Stoval v. Miller, No. 10-851, which seeks review of the Sixth Circuit’s decision in Miller v. Stovall, 608 F.3d 913 (6th Cir. 2010). The questions presented are: (1) whether the Sixth Circuit erred in concluding that “established law” for purposes of the Antiterrorism and Effective Death Penalty Act is determined as of the time the state conviction becomes final, and (2) whether the Sixth Circuit erred in concluding that a suicide note was “testimonial” for purposes of a Confrontation Clause analysis. The petition argues that the Sixth Circuit’s resolution of the first issue conflicts with a decision of the Third Circuit (as well as the Sixth Circuit’s own precedent). No response to the petition has yet been filed.
