Monday, December 6, 2010
Justice Sotomayor's dissent, joined by Justice Ginsburg, in Williams v. Hobbs is here. From the opening paragraph:
Today the Court refuses to review the Eighth Circuit’s conclusion that a State may withhold an objection to a federal habeas evidentiary hearing until after the hearing is complete, the constitutional violation established, and habeas relief granted. Because I believe such a rule enables, and even invites, States to manipulate federal habeas proceedings to their own strategic advantage at an unacceptable cost to justice, I respectfully dissent.