CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, November 2, 2009

This Week's Criminal Law and Procedure Arguments

Summary of issue is from ScotusWiki:


Beard v. Kindler (08-992) — Is a state procedural rule automatically “inadequate” under the adequate-state-grounds doctrine - and therefore unenforceable on federal habeas corpus review - because the state rule is discretionary rather than mandatory?


Pottawattamie County v. McGhee (08-1065) —Whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conviction and incarceration where the prosecutor allegedly violated a criminal defendant’s “substantive due process” rights by procuring false testimony during the criminal investigation, and then introduced that same testimony against the criminal defendant at trial.

Wood v. Allen (08-9156) —Whether the state court’s conclusion–that during the sentencing phase of a capital case the defense attorney’s failure to present the defendant’s impaired mental functioning did not constitute ineffective counsel–was based on an unreasonable determination of the facts and whether the circuit court erred in its application of the Antiterrorism and Effective Death Penalty Act (AEDPA) to the review of the state court decision.

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