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Criminal Law

: Harmful Error

Supreme Court issues opinion on waiver of Article III Judge

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The United States Supreme Court issued one decision this morning. In Gonzales v. United States, the Court held that a defendant's attorney may agree to have voir dire conducted by a magistrate and that a defendant's personal waiver is not required. The opinion was authored by Justice Kennedy. A concurring opinion was authored by Justice Scalia. Justice Thomas dissented. The Supreme Court also granted certiorari in Bell v. Kelly. Scotusblog reports that the issue presented is: Whether 28 U.S.C 2254, the federal habeas provision governing claims adjudicated on the merits in state court, should be applied to claims based on evidence of ineffective assistance of counsel the state court refused to consider.

Full post as published by Harmful Error on May 12, 2008 (boomark / email).

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