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Sotomayor and Ginsburg join dissenting from denial of certiorari today [View All]

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Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010)

usregimechange

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Mon Dec-06-10 04:17 PM
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Sotomayor and Ginsburg join dissenting from denial of certiorari today

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JUSTICE SOTOMAYOR, with whom JUSTICE GINSBURG joins, dissenting from denial of certiorari.
Today the Court refuses to review the Eighth Circuit’sconclusion that a State may withhold an objection to afederal habeas evidentiary hearing until after the hearing is complete, the constitutional violation established, andhabeas relief granted. Because I believe such a rule en-ables, and even invites, States to manipulate federal habeas proceedings to their own strategic advantage at anunacceptable cost to justice, I respectfully dissent.

http://www.supremecourt.gov/opinions/10pdf/09-10382.pdf

Kagan and Breyer apparently didn't agree.

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