Petition of the day

By Maureen Johnston
on Aug 19, 2014 at 10:10 pm

The petition of the day is:

Issue: Whether the Ninth Circuit failed to apply the deferential standard of review required by 28 U.S.C. § 2254(d) when it granted federal habeas relief from a state murder conviction on the ground that the prosecutor’s request for an aiding-and-abetting instruction at the jury-instruction conference violated a putative constitutional right to prior notice of the government’s theory of prosecution – a right that has been recognized in the court of appeals’ own precedents, but not established by any holding of this Court.