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21 Mar 2012, 7:30 am by Steve Vladeck
On one hand, in states (like Arizona) that require criminal defendants to challenge the effectiveness of trial counsel in state post-conviction proceedings, such collateral review is the first chance to raise a constitutional objection—and may thus constitute the “first tier” of post-conviction review, i.e. that for which counsel has typically been required. [read post]
21 Mar 2012, 7:20 am by Kent Scheidegger
The Court today embraces the sporting-chance theory of criminal law, in which the State functions like a conscientious casino-operator, giving each player a fair chance to beat the house, that is, to serve less time than the law says he deserves. [read post]
21 Mar 2012, 6:17 am by Josh Sturtevant
 While some of the events on my timeline only have about a 60% chance of actually happening, I believe that it is a fair assessment of what might be to come. [read post]
20 Mar 2012, 7:49 pm by Alex Hunt
The state Supreme Court upheld the sentence, concluding that the Supreme Court’s more recent decision in Graham v. [read post]
20 Mar 2012, 12:05 am by Rosalind English
In other words altruism is only transmitted genetically and spread in a population if its bearers are more likely than they would be by chance to receive a benefit from those with whom they interact. [read post]
19 Mar 2012, 9:06 pm by Lyle Denniston
  But the Court returned to a strict interpretation of the ban in 1962, in the case of Enochs v. [read post]
19 Mar 2012, 8:18 am by Steve Hall
It is a discretionary call that may be influenced by the prosecutor’s estimate of the impact of his decision on his chances for reelection or for election to higher office. [read post]
19 Mar 2012, 5:41 am by Marissa Miller
Alabama and Jackson v. [read post]
19 Mar 2012, 5:00 am by Harvard International Law Journal
Professor Tushnet notes that structural remedies (such as Brown v. [read post]
18 Mar 2012, 10:00 pm by Stephanie Figueroa
The Federal Circuit opened the door to them in 1998 when it found in State Street Bank & Trust v. [read post]
18 Mar 2012, 10:00 pm by Stephanie Figueroa
The Federal Circuit opened the door to them in 1998 when it found in State Street Bank & Trust v. [read post]