Much is made of the “floodgates” that will open should the court exercise its authority to remedy the mistake made by us in Gilbert’s sentence. The government hints that there are many others in Gilbert’s position – sitting in prison serving sentences that were illegally imposed. We used to call such systems “gulags.” Now, apparently, we call them the United States.Sizzling dissents from an en banc 11th Circuit decision holding that, although a man was mistakenly sentenced to some 10 years more than he merited under the Sentencing Guidelines, the AEDPA and "finality" forbid disturbing his sentence. The dissents argue that if AEDPA says that, then it's an unconstitutional violation of the Habeas Corpus Clause. Look for a cert petition on this one. (H/t.)
Friday, May 20, 2011
"The Great Writ is dead in this country."
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