SCOTUS LAYETH THE SMACKETH DOWNTH ON THE SIXTH CIRCUTH!
| slim_shady_man | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | slim_shady_man | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | slim_shady_man | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | slim_shady_man | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ~~(>' ' )> | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | slim_shady_man | 06/14/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | slim_shady_man | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | slim_shady_man | 06/11/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | slim_shady_man | 06/11/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | slim_shady_man | 06/11/12 | | Mance Rayder | 06/11/12 | | slim_shady_man | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | Mance Rayder | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | slim_shady_man | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | slim_shady_man | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | LetsNukeMedina | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | Tenured Humanities Prof Speaking Truth to Power | 06/11/12 | | slim_shady_man | 06/11/12 | | Tenured Humanities Prof Speaking Truth to Power | 06/11/12 | | slim_shady_man | 06/11/12 | | ,..,,.:....,,;,,,.,..:..,:......,;,,;,....,...:.. | 06/11/12 | | slim_shady_man | 06/11/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | LetsNukeMedina | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | LetsNukeMedina | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/11/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/12/12 | | ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,. | 06/12/12 | | slim_shady_man | 06/14/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/14/12 | | slim_shady_man | 06/14/12 | | ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,. | 06/14/12 |
Poast new message in this thread
Date: June 11th, 2012 9:22 PM
Author: slim_shady_man
In this habeas case, the Sixth Circuit set aside two 29-year-old murder convictions based on the flimsiest of rationales. The court’s decision is a textbook example of what the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) proscribes: “using federal habeas corpus review as a vehicle to second-guess the reasonable decisions of state courts.”
The Sixth Circuit also erred by consulting its own precedents, rather than those of this Court, in assessing the reasonableness of the Kentucky Supreme Court’s decision...
As we explained in correcting an identical error by the
Sixth Circuit two Terms ago, circuit precedent does not constitute “clearly established Federal law, as determined by the Supreme Court,” 28 U. S. C. §2254(d)(1). It therefore
cannot form the basis for habeas relief under AEDPA.
To make matters worse, the Sixth Circuit decided Gall II under pre-AEDPA law, see 231 F. 3d, at 283, n. 2, so that case did not even purport to reflect clearly established law as set out in this Court’s holdings. It was plain and repetitive error for the Sixth Circuit to rely on its own precedents in granting Matthews habeas relief.
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20869978) |
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Date: June 11th, 2012 9:23 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
I know shitlib 6th cir clerks who think the author of the opinion below is an idiot
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20869987) |
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Date: June 11th, 2012 9:32 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
I don't know why he's so dumb. affirmative action nominee, I guess
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870080) |
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Date: June 11th, 2012 9:43 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
Is this cole?
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870192) |
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Date: June 11th, 2012 9:54 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
cole hires good clerks, usually. this is eric clay.
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870305) |
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Date: June 11th, 2012 11:34 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
eh. both black four-letter last namers that start with c, amirite?
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871509) |
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Date: June 11th, 2012 11:40 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
they're pretty different, cole is a chill bro and clay is this retarded psycho with a bald pate
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871581) |
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Date: June 11th, 2012 11:44 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
both angry black men with four-letter last names bro
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871620) |
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Date: June 11th, 2012 11:46 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
I've met cole, he's the opposite of angry. sedated would be a better word. he has some shitlib MAF clerks whose shit he just rubberstamps, but even with them he's one of the most well-liked/collegial libs on the circuit
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871639) |
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Date: June 11th, 2012 9:28 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
LMAO.
As we explained in correcting an identical error by the Sixth Circuit two Terms ago, circuit precedent does not constitute “clearly established Federal law, as determined by the Supreme Court,” 28 U. S. C. §2254(d)(1).
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870047) |
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Date: June 11th, 2012 9:31 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
but slim, a few months ago I posted a 6th cir opinion where they granted relief on the basis of ARKANSAS LAW about legal retardation, and you thought it was cool
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870076) |
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Date: June 11th, 2012 9:33 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
yeah, they arguably compounded the error by citing an arkansas case that postdated the state court decision. maybe it was teague retroactive, but even if so, it's just arkansas law
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870094) |
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Date: June 11th, 2012 9:57 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
they'll of course say that their precedent was just "explicating" the clearly established scotus law
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870330) |
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Date: June 11th, 2012 9:30 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
there are 5 6th cir judges who will tell you if you ask them face to face that they believe in nullifying aedpa, esp. in death cases, and will keep doing it so long as scotus can't reverse them everytime
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870065) |
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Date: June 11th, 2012 9:32 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
no, Sutton believes in AEDPA on steroids.
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870086) |
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Date: June 11th, 2012 9:34 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
you mean the Reinhardt School of judicial philosphy?
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870096) |
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Date: June 11th, 2012 9:38 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
to never EVER find against the criminal in a death penalty habeas proceeding, no matter how ridiculously obviously deficient the claims are.
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870143) |
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Date: June 11th, 2012 10:00 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
he's saying she got the job because she's richard primus's husband
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870358) |
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Date: June 11th, 2012 10:00 PM
Author: Mance Rayder
Maybe I'm being too harsh. Her publication record is decent enough. But:
For decades, scholars and judges have assumed that federal habeas corpus review of state court criminal convictions should focus on the individual rights of habeas petitioners and that the federal courts should ask whether a state prisoner is being unlawfully detained because the state violated his individual federal rights. This individualized approach to federal habeas review is expensive, time-consuming, and woefully ineffective in stopping states from violating defendants' federal rights. Indeed, many states systematically violate criminal defendants' federal rights with impunity. This Article proposes a new conception of federal habeas review under which the federal courts focus on states, not on individual petitioners. Federal habeas relief should be available when a state routinely violates its criminal defendants' federal rights as part of a systemic practice. Reconfiguring federal habeas corpus review to focus on states and systemic practices would reduce redundancy, increase efficiency, and be more respectful of state institutions while, at the same time, recovering one of the original and now lost purposes of federal habeas corpus review.
lol good luck with that one
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870369) |
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Date: June 11th, 2012 10:02 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
wow wtf. this is what's wrong with journals. some crazy starry-eyed libs at stanford or minnesota or wherever that got in, 3L's who don't know shit about habeas, read that and think "oh that sounds creative, let's take it"
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870391) |
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Date: June 11th, 2012 9:56 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
quite a bit more than mine, i'm just a clerk on a lesser circuit, less achievements in law school than her too
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870320) |
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Date: June 11th, 2012 10:00 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
yes, if you clerk for the ultimate lib hack, you can go forth and work for other lib hacks. I will say that the one reinhardt clerk/prof I've talked to was a very reasonable non-hackish person
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870366) |
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Date: June 11th, 2012 11:34 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
ha
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871505) |
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Date: June 11th, 2012 11:36 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
brb making shit up about the alien tort statute to serve my modern political ends
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871533) |
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Date: June 11th, 2012 11:42 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
lol I know this hot shitlib girl who would take her cigarette breaks from class with me just to pepper me with questions about what scotus would do with the ATS. and I would just be like, they'll pwn you crazed public interest faggots is what they'll do, hey btw would you like to do lunch
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871600) |
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Date: June 11th, 2012 11:45 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
was she into INTERNATIONAL LAW???
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871626) |
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Date: June 11th, 2012 11:47 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
she was into saving african villagers from multinationals, international law not so much
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871649) |
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Date: June 11th, 2012 9:53 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
yeah
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870290) |
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Date: June 11th, 2012 11:48 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
probably a thomas clerk did that
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871657) |
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Date: June 11th, 2012 11:49 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
u mad the supreme court is so august that each interval at which they publish opinions must be capitalized to demonstrate its significance and importance? oh yeah, u mad.
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871664) |
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Date: June 11th, 2012 9:45 PM
Author: ,..,,.:....,,;,,,.,..:..,:......,;,,;,....,...:..
just get rid of those
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20870206) |
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Date: June 11th, 2012 11:34 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
way thefuck overblown by your retarded shitlib brethren
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871515) |
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Date: June 11th, 2012 11:51 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
yeah let's just let them rot in prison for life bc that's just so much more fun than simply ceasing to exist and being relieved from life's miseries
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871681) |
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Date: June 11th, 2012 11:59 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
any sane person would rather be executed than do life w/o parole. I mean, maybe a gay person wouldn't, I hear prison affords many an opportunity for buttsex
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20871740) |
Date: June 12th, 2012 7:20 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
the funny part is that they GVR'd, in light of this summary reversal, another 6th cir habeas grant written by the same judge
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20875983) |
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Date: June 12th, 2012 8:54 PM
Author: ,.,...,..,.,.,;:,.:,.,.,::,..,..,:,.,.:.:.,:.::,.
180
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20876493) |
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Date: June 14th, 2012 6:51 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
well, the two cases didn't really have much in common, and the first summary reversal didn't say anything new - usually cases are GVR'd in light of a case that announces some new rule - so the GVR makes no sense unless it's read as just a big STOP FUCKING THE FUCK AROUND AND GRANTING BUMS HABEAS RELIEF, ERIC CLAY
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20888388) |
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Date: June 14th, 2012 7:02 PM
Author: ,.,...,..,.,.,:,.:,.,.,:.:,..,..,:,.,.:.:.,:.::,.
at YLS? the gvr really is lolsy as fuck. like what do you do, if you're Clay, with this GVR? Parker doesn't say anything he didn't already know, it doesn't announce any rule. normally a gvr is like this, 6th cir says plaintiff satisfies standard x, scotus says in an appeal from another circuit that the standard is y, so then it gvr's the 6th cir decision and the 6th now decides, in light of the scotus case, whether the plaintiff satisfies y. but there's nothing in Parker in light of which the panel should reconsider the decision in Howes, so it's really just like, "hey, see how we were mad as fuck at you over not taking aedpa seriously in this other case? better think again." I mean, I'm not even sure what this new opinion is supposed to look like - SCOTUS just bitched us out in a superficially similar matter and so we're changing our minds? they could just grant relief again
(http://www.autoadmit.com/thread.php?thread_id=1968678&forum_id=2#20888468) |
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