February 27, 2017
SCOTUS grants cert on (yet another) AEDPA habeas procedure case
It has now been more than two decades since the passage of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), and that law has had lots and lots of impacts on federal habeas practice and procedure. One big impact has been lots and lots of technical habeas procedure issues needing SCOTUS attention, and another such issue is now before the Court on the merits after a certiorari grant this morning in Wilson v. Sellers. Here is the SCOTUSblog case page for Wilson v. Sellers, and here is its description of the issue now before the Justices:
Issue: Whether the court's decision in Harrington v. Richter silently abrogates the presumption set forth in Ylst v. Nunnemaker — that a federal court sitting in habeas proceedings should “look through” a summary state court ruling to review the last reasoned decision — as a slim majority of the en banc U.S. Court of Appeals for the 11th Circuit held in this case, despite the agreement of both parties that the Ylst presumption should continue to apply.
February 27, 2017 at 10:36 AM | Permalink