October 12, 2010
If you love debates over IAC and AEDPA standards...
you will want to make sure to check out the oral argument transcripts from the Supreme Court arguments that took place today in Harrington v. Richter (case background here; oral argument transcript here) and Premo v. Moore (case background here; oral argument transcript here). Of course, if you have no idea what the acronyms IAC and AEDPA stand for, then you probably can and should find better things to do.
Based on a super-quick scan, I think sentencing fans will find more of interesting in Premo v. Moore. And I would be grateful to anyone using the comment to explain whether and why they think these cases could end up being very consequential.
October 12, 2010 at 06:39 PM | Permalink
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The Ninth Circuit is so obviously wrong in Premo that it's hard to see how much is going to come out of it. Besides a summary reversal that is probably coming in Wong v. Smith, Premo could easily be the first case of the year decided, and it will likely be 8-0. After all, Stevens is no longer on the bench.
As for Richter, if, as expected, the case goes against the murderer, there will not be much of a consequence. The Ninth Circuit really went far afield in that case--it's wrong on the merits, putting aside AEDPA deference.
Posted by: federalist | Oct 12, 2010 9:29:49 PM