Petition of the day

By Maureen Johnston
on Apr 1, 2014 at 10:17 pm

The petition of the day is:

Issue: (1) Whether the Ninth Circuit contravened 28 U.S.C. § 2254(d)(1) when it granted habeas relief even though there is no clearly established Supreme Court precedent which holds that in respondent’s case the state violated the Sixth Amendment; and (2) whether the Ninth Circuit improperly disregarded its obligation under Fry v. Pliler and Brecht v. Abrahamson to review the state court decision for harmless error when it applied a Ninth Circuit direct-review standard to determine that it would not reach the issue of harmless error because the state had waived it.