Wednesday, April 25th, 2007 10:23 am | Jason Harrow | Print This Post
05-11304, Smith v. Texas. That opinion is now here.
05-11284/05-11287, Abdul-Kabir/Brewer v. Quarterman. 11284 is here. 11287 is here. Note that Justice Stevens wrote separate majority opinions in these cases, but the dissents are consolidated.
The Chief Justice’s dissent in Abdul-Kabir seems logically irrefutable.
Given that most of the Supreme Court’s recent precedents support the prosecution, the majority’s argument that its position in favor of the defendant is supported by “clearly established” Supreme Court case law, as the federal habeas statute requires, is hard to fathom.
Comment by Hans Bader — April 25, 2007 @ 10:50 am