26 February 2003

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NY Times article on the federal supreme court's decision to make the courts of appeals actually have habeus hearings. The issue at first glance appeared to be a Batson issue but this article makes it clear that the issue was actually whether the courts of appeals could merge their decision whether to grant a habeus with the decision on the actual merits of the habeus. They cannot. Apparently the standard for granting a habeus hearing is much lower than the actual standard of proof.

I'm not sure this will actually change many final results but it will open the federal courts to those whom habeus's (habei?) are meant to protect. After all, Lincoln isn't the President anymore.

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