Petition of the day

By Maureen Johnston
on Aug 7, 2014 at 10:19 pm

The petition of the day is:

Issue: Whether a habeas court may evade the highly deferential standard of review in the habeas statute by characterizing its legal and policy differences with the state court as unreasonable factual determinations and grant the writ on the basis of ineffectiveness of appellate counsel when the state court held that the cross-examination of the mitigation witness was not fundamental error under state law.