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Batson Claims Since Miller-El And The Success Of Miller-El In Light Of Habeas Corpus Deference In The Eleventh Circuit, John J. Cronan
Batson Claims Since Miller-El And The Success Of Miller-El In Light Of Habeas Corpus Deference In The Eleventh Circuit, John J. Cronan
John J Cronan
After grappling with the issue of peremptory challenges for nearly fifty years in this country, one wonders if Justice Breyer’s concurrence in Miller-El is simply the best, and sole solution to this perpetual problem. Thus far, it is surprising how little progress has been made following the Supreme Court’s instruction in Miller-El given the fact that many judges seem all to quick to grant deference, generally under the AEDPA, even in the face of arguably unreasonable applications of federal law. Unfortunately, there appears to be little chance of success on habeas review by federal courts for petitioners. Thus, it seems …
Batson Claims Since Miller-El And The Success Of Miller-El In Light Of Habeas Corpus Deference In The Eleventh Circuit, John J. Cronan
Batson Claims Since Miller-El And The Success Of Miller-El In Light Of Habeas Corpus Deference In The Eleventh Circuit, John J. Cronan
John J Cronan
After grappling with the issue of peremptory challenges for nearly fifty years in this country, one wonders if Justice Breyer’s concurrence in Miller-El is simply the best, and sole solution to this perpetual problem. Thus far, it is surprising how little progress has been made following the Supreme Court’s instruction in Miller-El given the fact that many judges seem all to quick to grant deference, generally under the AEDPA, even in the face of arguably unreasonable applications of federal law. Unfortunately, there appears to be little chance of success on habeas review by federal courts for petitioners. Thus, it seems …
Past Present And Future Of White Collar Sentencing In The First Circuit In The Wake Of Advisory Guidelines And The Impact Of The Sentencing Equity Fairness And Restoration Act Of 2007, John J. Cronan
John J Cronan
Although the First Circuit has taken the stance that within guidelines sentences are presumptively reasonable, the First Circuit continues to be one of the minority circuits that departs from the guidelines higher than the national average. This is likely the result of zealous district court judges eager to regain their autonomy after the Booker decision. Exactly what the future holds for the First Circuit is uncertain – but three possibilities remain likely. First, Congress could enact the Sentencing Fairness Equity Restoration Act, essentially stifling any progress in the judiciary. The second possibility is that the First Circuit court of appeals …