http://www.scotusblog.com/2005/12/blog-round-up-thursday-december-28th/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.scotusblog.com/2005/12/blog-round-up-thursday-december-28th/#comment-8542 Kent Scheidegger Fri, 30 Dec 2005 17:12:09 +0000 http://www.scotusblog.com/wp/uncategorized/blog-round-up-thursday-december-28th/#comment-8542 The Sentencing Law and Policy post referred to is actually a tongue-in-cheek query of whether Judge Alito is in trouble because of a campaign against him by convicted murderer Antuan Bronshtein. The irony is that Alito ruled in <i>favor</i> of Bronshtein on his penalty-phase claim and vacated his death sentence. In order to do so despite the fact that Bronshtein voluntarily dismissed the state-court petition filed on his behalf, Judge Alito had to declare Pennsylvania's one-year statute of limitation an "inadequate" procedural default rule. IMHO, he erred in the defendant's favor on this issue, disproving the allegation that he always favors the prosecution on debatable issues. The Sentencing Law and Policy post referred to is actually a tongue-in-cheek query of whether Judge Alito is in trouble because of a campaign against him by convicted murderer Antuan Bronshtein. The irony is that Alito ruled in favor of Bronshtein on his penalty-phase claim and vacated his death sentence. In order to do so despite the fact that Bronshtein voluntarily dismissed the state-court petition filed on his behalf, Judge Alito had to declare Pennsylvania’s one-year statute of limitation an “inadequate” procedural default rule. IMHO, he erred in the defendant’s favor on this issue, disproving the allegation that he always favors the prosecution on debatable issues.

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