Tag Archives: AEDPA

The Routinization of Error in Criminal Appeals

(This is an observation from a very talented appellate litigator at my firm. So as a matter of professional integrity, I can’t claim credit, but for reasons of anonymity, nor can I name her.) I’ve had the privilege of working on more than a few criminal appeals in my very short time in practice, and […]

AEDPA & Troy Davis: The Death Penalty, Actual Innocence, and Federal Deference

There are few political footballs that’ve been kicked around more, and with greater reprecussions, than the writ of habeas corpus. The “great writ,” of course, traces its origin to the Magna Carta — “no free man shall be taken, imprisoned … or any other wise destroyed … but by lawful judgment of his Peers” — […]

About Time

I love Congressman Barney Frank’s response to this “concerned citizen” — But I admit that I’m not sure if it’s the “right” response. Indeed, none of the proposed strategies I’ve heard for dealing with screeching, irrational mobs seem the best option. As has been the case for centuries, the vocal, boorishly irrational always put intelligent […]