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SCOTUS Monday

By Kent Scheidegger et al.

No decision yet in the Guantanamo detainee case, Boumediene v. Bush. Be sure to tune in next week, same time, same channel. The Court decided Gonzalez v. United States on the (yawn) question of whether consent to having the jury voir dire in a federal criminal trial be done by a magistrate judge instead of a full-fledged district judge requires the personal waiver of the defendant as opposed to simple consent by counsel. No, 7-1-1. The lone new cert. grant is Bell v. Kelly, No. 07-1223, a capital habeas case on the extent of deference to state court decisions under 28 U.S.C. § 2254. The habeas petitioner contends that the fact-finding procedures on state habeas were inadequate to develop his case. The question on which certiorari was granted (as phrased by petitioner) is: "1...continue to full post

Full post as published by Crime and Consequences on May 12, 2008 (boomark / email).