Thursday, January 24, 2013

Ninth Circuit -- ANTWION THOMPSON V. D. RUNNEL

Habeas waiver/forfieture of claims --

The AEDPA/Habeas standard of clearly established federal law &c, &c is not a procedural defense but an adjudicative standard.  The court can therefore identify that law without reference to the parties' arguments below.

(So held on vacatur reconsideration, incidentally.)

Dissent:  State chose to identify another legal standard, and is bound to that choice.  Waived is waived.

ANTWION THOMPSON V. D. RUNNEL
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.