Monday, December 11, 2006
The Supreme Court reversed the Ninth Circuit in a case where the trial court in a state murder case allowed the victim's family to wear buttons showing the victim in life. The Supreme Court held that that Ninth Circuit improperly concluded that the decision of the California Court of Appeals denying relief was "contrary to or an unreasonable application of clearly established federal law." The practice of courtroom buttons of support for a victim was not a state sponsored courtroom practice and was an open question under Supreme Court jurisprudence. Thus, habeas corpus relief was not available under the Antiterrorism and Effective Death Penalty Act of 1996.
The case is Carey v. Musladin. [Mike Frisch]