Monday, June 11, 2012

The Sixth Sense Not Shared By Supremes

The United States Supreme Court today issued a per curiam reversal of the grant of habeas corpus relief to a criminal defendant.

The opinion states that the United States Court of Appeals for the Sixth Circuit's decision is a "textbook example of what the Antiterrorism and Effective Death Penalty Act of 1996 proscribes" in that the lower court second-guessed the reasonable decision of the Kentucky Supreme Court on "the flimsiest of rationales."

There were two issues that led the Sixth Circuit to grant relief. One dealt with alleged improper arguments by the prosecutor. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/06/the-sixth-sense-not-shared-by-supremes.html

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