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High Court rules federal court erred in granting habeas corpus

High Court rules federal court erred in granting habeas corpus

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A federal court erred in granting habeas corpus to a defendant where the state’s witness was unavailable, because under the Antiterrorism and Effective Death Penalty Act a federal court cannot overturn a state court’s decision that the state took reasonable steps to find a witness merely because the federal court identified additional steps that might have been taken.

U.S. Supreme Court. Harvey v. Cross, No. 11-74. Dec.12, 2011. Lawyers USA No. 993-3414.

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