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Search Term: scalia
Hurdles and more hurdles to getting a habeas corpus hearing
A 5-4 Supreme Court majority is satisfied to give a trial judge carte blanche whether to grant a habeas corpus/post conviction hearing to a death row inmate complaining that his trial lawyer was ineffective for following his instructions not to present mitigating evidence at sentencing....
A facially defective warrant amounts to no warrant at all
The Bill of Rights. This follows up on my April 24 and 25 discussions of searches and search warrants. In 2004, the Supreme Court (1) confirmed that a facially invalid search warrant means the search was warrantless and (2) applied the same standard as would...