November 1, 2010
Dissent from cert denial in habeas case involving judicial comment on evidence
Justice Alito dissents, joined by the Chief Justice and Justice Scalia, in Wong v. Smith. Justice Alito would grant cert to "correct the Ninth Circuit's error" in granting habeas, arguing that the sparse case law limiting coercive judicial comment did not render the state courts' conclusion of constitutionality unreasonable under the AEDPA.
November 1, 2010 | Permalink