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Amicus Briefs for Petitioner in Kennedy

By Corey Rayburnyung

The amicus briefs in favor of the Petitioner in Kennedy v. Louisiana were due yesterday and they are now available online.  The first brief is from the Louisiana Association of Criminal Defense Lawyers.  The second is from the ACLU and NAACP Legal Defense and Education Fund.  I offered very modest assistance on the ACLU brief and think it makes some important historical arguments.  I wish one of the briefs in favor of the Petitioner had contemplated the possibility of an originalist turn away from the evolving standards of decency approach because I think that may be the only way the Petitioner can lose.  Both of these amicus briefs do a very good job of contextualizing the Kennedy statute and reinforce the idea that the State has a VERY difficult argument to make to win this case...continue to full post

Full post as published by Sex Crimes on February 22, 2008 (boomark / email).