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John J Cronan

2009

Criminal Law and Procedure

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Full-Text Articles in Law

Batson Claims Since Miller-El And The Success Of Miller-El In Light Of Habeas Corpus Deference In The Eleventh Circuit, John J. Cronan May 2009

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 May 2009

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 …