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Supreme Court of the United States

Vanderbilt University Law School

Habeas corpus

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Lafler V. Cooper And Aedpa, Nancy J. King Jan 2012

Lafler V. Cooper And Aedpa, Nancy J. King

Vanderbilt Law School Faculty Publications

The Supreme Court in Missouri v. Frye1 and Lafler v. Cooper2 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the loss of a favorable plea deal. Less noted, but also worthy of attention, are Lafler’s implications for federal habeas law. Four Justices protested that the Lafler decision violated the federal habeas statute. At the least, the decision expanded habeas review in unexpected ways. Lafler presented the Supreme Court with an unusual opportunity to declare new doctrine on habeas review


Right Problem; Wrong Solution, Nancy J. King, Joseph L. Hoffmann Jan 2010

Right Problem; Wrong Solution, Nancy J. King, Joseph L. Hoffmann

Vanderbilt Law School Faculty Publications

In Boumediene v. Bush, the Supreme Court, in a powerful and eloquent majority opinion by Justice Anthony Kennedy, vindicated the right of a non-U.S. citizen, held in custody at a military base outside the United States, to use the writ to challenge the legality of his incarceration.1 Boumediene was a triumph of both the individual petitioner and the judiciary over the powers of the executive, and represents a high-water mark in the long and celebrated history of habeas.