Issue: (1) Whether the Fourth Circuit created an impermissible
end-run around Harrington v. Richter,Cullen v. Pinholster, and the Antiterrorism and Effective Death Penalty Act
by holding that a state court’s merits
determination is not an “adjudication on the
merits” whenever the state prisoner later
presents the federal court with new material
evidence and the state court decided the ineffective assistance claim without an evidentiary
hearing and (2) whether the Fourth Circuit wrongly ignored 28 U.S.C.
§ 2254(d) and Strickland v. Washington in concluding as a de novo matter,
and contrary to the Virginia Supreme Court and
Strickland, that trial counsel were ineffective for
deciding not to argue mental retardation at
Wondering how it went; what to learn from looking back; the importance of moot courts; and why the regular presence of cameras at oral argument is a bad idea. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper […]
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.