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AEDPA, capital habeas cases and the limits of change

By Douglas A. Berman

Two events this morning have me thinking about federal habeas review in state capital cases and about the (limited?) potential for a new administration to impact these issue: 1.  The Supreme Court this morning is hearing argument in Bell v. Kelly(SCOTUSwiki description here), which is an important concerning standards of review under AEDPA.  This NACDL amicus brief explains effectively what may be at issue in Bell v. Kelly: [This] case squarely presents the Court with an opportunity to address the relationship between minimal procedural fairness and the comity and federalism concerns embodied by the Anti-Terrorism and Effective Death Penalty Act (AEDPA).... The way in which the Court decides this case will influence whether state postconviction courts believe they are required to provide a minimally fair process in order for their decisions to be steeled from federal review by the provisions of the AEDPA...continue to full post

Full post as published by Sentencing Law and Policy on November 12, 2008 (boomark / email).