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CA1: AEDPA does not violate Art. III

By John Wesley Hall, Jr.

AEDPA held constitutional and not a violation of Art. III in the First Circuit. Evans v. Thompson, 2008 WL 344208 (1st Cir. February 8, 2008). No court agrees, but dissenting opinions in some circuits do. See, e.g., Crater v. Galaza, 508 F.3d 1261 (9th Cir. 2007) (five judges dissenting opinion from denial of rehearing en banc); Foley v. Parker, 481 F.3d 380, 399 (6th Cir. 2007) (dissenting opinion); Davis v. Straub, 445 F.3d 908, 910 (6th Cir.2006) (Martin, J., dissenting from denial of rehearing en banc), prior opinion, 430 F.3d 281, 291 (6th Cir. 2005) (dissenting opinion).

Full post as published by Law Of Criminal Defense on February 16, 2008 (boomark / email).