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By Shari Allison

S. Ct. and 10th Cir. cases. First, the S. Ct.:Wilson v. Corcoran, 2010 WL 4394137 (11/8/10) - The S. Ct. continues its practice established last year of per curiam reversals to correct errors. This case goes against the capital habeas petitioner. The 7th Circuit granted relief on the grounds that the Indiana S. Ct. had unreasonably determined the trial court properly imposed the death penalty solely based on statutory aggravating factors. Had the trial court based the sentence on non-statutory aggravating factors, it would have violated state law, but, according to the S. Ct., the 7th Circuit had not found such state law error violated federal law. As we all know, federal habeas is only available for violations of federal law. The S. Ct...continue to full post

Full post as published by Tenth Circuit Blog on November 10, 2010 (boomark / email).