Supreme Court of the United States
Roper v. Weaver
May 21, 2007550 U.S. 598
Summary
The Court dismissed the writ of certiorari as improvidently granted to avoid disparate treatment of three similarly situated habeas petitioners, one of whom had his pre-AEDPA petition erroneously dismissed by a District Court for seeking certiorari rather than filing immediately. Chief Justice Roberts concurred in the result, while Justice Scalia dissented, arguing the Court should have decided the AEDPA application question and that the District Court's error does not exempt the case from AEDPA.