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Criminal Law
: Capital Defense Weeklythis week’s edition
By Karl R. Keys, Esq.
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From the intro to this week’s edition
Leading off this week are two Supreme Court opinions, Premo v. Moore & Harrington v. Richter. Simply put, these were narrow federal habeas opinions with sharp language aimed at the Ninth Circuit. Harrington stands for the proposition that a denial of relief in the state courts, without explanation, is due the same deference as an “adjudication” under section 2254 as a formal opinion for purposes of federal habeas corpus. Premo holds, in this potential capital case that plead to just 25 years, counsel was not ineffective by telling his client to plead guilty prior to a suppression hearing and, even if deficient, there was no error as the confession was admissible. The Wisconsin Public Defender has arguably the best in depth analysis of Harrington v...continue to full postFull post as published by Capital Defense Weekly on January 25, 2011 (boomark / email).
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