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- Title
DISAGREEMENT ABOUT DISAGREEMENT: THE EFFECT OF A CIRCUIT SPLIT OR "OTHER CIRCUIT" AUTHORITY ON THE AVAILABILITY OF FEDERAL HABEAS RELIEF FOR STATE CONVICTS.
- Authors
Moyer, Ruth A.
- Abstract
The article suggests that the U.S. Supreme Court should provide clear guidance on "circuit split" in which the courts disagree with other courts on a legal issue and offers solution for the same. It argues that the existence of a "circuit split" should not prevent the habeas claim under ˜ 2254(d)(1) standard. It also adds the ruling of the Supreme court in the case Marshall v. Rodgers filed in California's District Court and reviewed by some other court.
- Subjects
UNITED States; HABEAS corpus; UNITED States. Supreme Court; LEGAL judgments; COURTS; CONFLICT of interests
- Publication
University of Cincinnati Law Review, 2014, Vol 82, Issue 3, p831
- ISSN
0009-6881
- Publication type
Article