Petition of the day

By Maureen Johnston
on Oct 27, 2014 at 10:15 pm

The petition of the day is:

Issue: Whether this Court has “clearly established,” within the meaning of 28 U.S.C. § 2254(d)(1), that where a state appellate court concludes certain pretrial statements should have been excluded from the prosecution’s case under Miranda v. Arizona, the court’s harmless error analysis must ignore the fact that the defendant also took the stand at trial and admitted the conduct involved in the offense.