Musladin Decision
The Supreme Court today reversed the decision of the Ninth Circuit in Carey v. Musladin. The Court was unanimous in the judgment, with six Justices joining the opinion of the Court by Justice Thomas. Justices Stevens, Kennedy, and Souter each wrote separate opinions concurring in the judgment.
The overturned Ninth Circuit decision is a prime example of exactly the kind habeas decision Congress meant to prohibit when it enacted the Antiterrorism and Effective Death Penalty Act of 1996. The Ninth Circuit overturned a state court decision and substituted its own opinion, even though there is no controlling Supreme Court precedent and other courts are divided on the question. The case involves whether a conviction must be overturned because the victim's family wore buttons with his picture. Cases on this and similar questions from other courts, many of which are cited in today's opinion, are discussed in CJLF's amicus brief.