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Criminal Law

: Z the Monthly Blog and Legal Newsletter

Habeas and Unconstitutional Deference

By 'Major' Mori Goodbar, Esq.

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The Supreme Court granted petition re: the 28 USC 2254(d) deferential standard of review in the case of Bell v Kelly (SCOTUSwiki preview here). The practical issue is, how do you get to present "new" evidence that was lost previously through your lawyer's conduct or misconduct, (or the governments sleight of hand, or procedure) when the standard of review won't allow for a fresh look at all the

Full post as published by Z the Monthly Blog and Legal Newsletter on July 30, 2008 (boomark / email).

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