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2 Apr 2008, 3:38 am
Bowersox, Chief Judge Loken wrote that "we may not simply conduct our own plain error review de novo," but must apply AEDPA (and, according to the Supreme Court in Fry, Brecht ). 187 F.3d 866, 869 (8th Cir.1999). [read post]
10 Jan 2008, 5:06 am
Brown, 460 U.S. 730, 750-51 (1983) (Stevens, J., concurring in the judgment), because the "distinctive configuration of [such] container[s] proclaims [their] contents; [consequently,] the contents cannot fairly be said to have been removed from a searching officer's view," Robbins, 453 U.S. at 427. [read post]