Home -> Law Blog Directory -> Criminal Law Blogs -> Crime and Consequences

Criminal Law

: Crime and Consequences

SCOTUS Today

By Kent Scheidegger et al.

The U.S. Supreme Court issued its first opinion of the term in an argued case, Winter v. Natural Resources Defense Council, Inc., No. 07-1239, the "boink the whales" case. SCOTUSblog has a report here. On the argument calendar for today is Bell v. Kelly, which could be the "sleeper" case of the term. Both sides are "all-in" on the question of the interaction between new evidence in federal habeas hearings and the deference standard of 28 U.S.C. § 2254(d). Petitioner claims that (1) the question of whether the state court decision was "reasonable" for the purpose of 2254(d) must be determined solely on the state court record, and (2) if petitioner presents substantial new evidence in federal court in support of his claim, that makes it a new claim not subject to the deference standard...continue to full post

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