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Criminal Law

: Z the Monthly Blog and Legal Newsletter

Clearly Established Law Not Always Clear

By 'Major' Mori Goodbar, Esq.

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Here is a petition to watch, with links to the opinion below, petition for cert and reply concerning the recent Cunningham decision in the Court. The appellate court held Cunningham did not establish new law, following Blakely, making defendant eligible for habeas relief under 2254. Frustrating, isn't it, to see how much litigation can arise from the simple phrase, "clearly established". It

Full post as published by Z the Monthly Blog and Legal Newsletter on November 27, 2008 (boomark / email).

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