CrimProf Blog

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

Monday, June 21, 2010

Today's criminal law/procedure cert grant

Issue summary is from ScotusBlog, which also links to briefs and the opinion below:

  • Walker v. Martin: Whether, in federal habeas corpus proceedings, a state law under which a prisoner may be barred from collaterally attacking his conviction when the prisoner “substantially delayed” filing his habeas petition is “inadequate” to support a procedural bar because (1) the federal court believes that the rule is vague and (2) the state failed to prove that its courts “consistently” exercised their discretion when applying the rule in other cases.

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That should be followed by accused. Habeas corpus should not be delayed; the prisoner is liable if he attacks his conviction.

Posted by: Las Vegas Lawyer | Jun 26, 2010 4:56:14 AM

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