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November 8, 2010

SCOTUS does a summary reversal of Seventh Circuit habeas grant

The US Supreme Court today issued a summary reversal of a Seventh Circuit decision granting habeas relief to a state prisoner in Wilson v. Corcoran, No. 10–91 (S. Ct. Nov. 8, 2010) (available here).  Here is how the per curiam ruling begins:

Federal courts may not issue writs of habeas corpus to state prisoners whose confinement does not violate federal law.  Because the Court of Appeals granted the writ to respondent without finding such a violation, we vacate its judgment and remand.

November 8, 2010 at 06:19 PM | Permalink


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After reading the PC I really have to wonder what is going on with this case in the seventh circuit. First they do a half-assed job in the state's favor (dismissing unwaived claims without comment) and now they do a half-assed job in the convict's favor. It would be interesting to know if this has been the product of laziness, incompetence or some other factor.

Posted by: Soronel Haetir | Nov 9, 2010 11:56:18 AM

I would hope that when the 7th circuit sends this back to the district court, he expedites things. Now if they both consider other claims that weren't looked at previously, it will be a couple of years from now before Indiana can carry it out. The district court and the 7th have delayed this long enough with their incompetence in this case.

Posted by: DaveP | Nov 9, 2010 4:44:15 PM

pretty much typical GOVT STUPIDITY soronel what would be suprising would be if they did a GOOD job and got it right the first time.

Posted by: rodsmith | Nov 10, 2010 1:41:22 AM

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