CrimProf Blog

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

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Sunday, December 8, 2013

This week's criminal law/procedure argument

Issue summary is from ScotusBlog, which also links to papers:

  • White v. Woodall: (1) Whether the Sixth Circuit violated 28 U.S.C. 2254(d)(1) by granting habeas relief on the trial court's failure to provide a no adverse inference instruction even though the Supreme Court has not "clearly established" that such an instruction is required in a capital penalty phase when a non-testifying defendant has pled guilty to the crimes and aggravating circumstances; and (2) whether the Sixth Circuit violated the harmless error standard in Brecht v. Abrahamson in ruling that the absence of a no adverse interference instruction was not harmless in spite of overwhelming evidence of guilt and in the face of a guilty pleas to the crimes and aggravators.

http://lawprofessors.typepad.com/crimprof_blog/2013/12/this-weeks-criminal-lawprocedure-argument.html

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