Galsworthy Criminal Justice Reform Program

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A death penalty case shows the absurdity of the worst crime bill from the ’90s

“The rules laid out by AEDPA are incredibly complicated, but for the purposes of this post, the relevant provision states that to get a federal court to review a state court’s ruling, a defendant must show not only that the state court (and the state courts that upheld the ruling) were wrong, but that the prevailing ruling was either ‘contrary to, or involved an unreasonable application of, clearly established Federal law,’ or an ‘unreasonable determination of the facts in light of the evidence presented.’ Put plainly, you must convince the federal courts not only that the state courts were wrong, but also that they were unreasonably wrong.“

Washington Post

May 20, 2019