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Chutzpah Award of the Day

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... goes to counsel for Ohio hit man Jason Getsy, who claimed that the rout of lethal injection claims in Baze v. Rees, 128 S.Ct. 1520 (2008) created a new constitutional right, thereby resetting the statute of limitations clock for challenges under 42 U.S.C. ยง1983. Counsel should follow this argument with a lecture on Napoleon's great victory at the Battle of Waterloo.

Yesterday's opinion is here. Judge Merritt dissents and will tell us why when he gets around to it.  Doug Berman has this post at SL&P.


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Perhaps Merritt knows his position is laughable, so he'll publish his opinion later so that the judge authoring the majority opinion won't pound him too hard.

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