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Court Error – Habeas Corpus Relief

By: Derek Hawkins//June 21, 2017//

Court Error – Habeas Corpus Relief

By: Derek Hawkins//June 21, 2017//

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United States Supreme Court

Case Name: Virginia, et al v. Dennis LeBlanc

Case No.: 16-1177

Focus: Court Error – Habeas Corpus Relief

Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a state prisoner is eligible for federal habeas relief if the underlying state court merits ruling was “contrary to, or involved an unreasonable application of, clearly established Federal law” as determined by this Court. 28 U. S. C. §2254(d)(1). In this case, the Court of Appeals for the Fourth Circuit held that this demanding standard was met by a Virginia court’s application of Graham v. Florida, 560 U. S. 48 (2010). The question presented is whether the Court of Appeals erred in concluding that the state court’s ruling involved an unreasonable application of this Court’s holding.

Petition Granted

Dissenting:

Concurring: Ginsburg

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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