For our 11th Circuit practitioners who enjoy pounding sand, you may want to challenge the entire AEDPA. The Ninth Circuit is considering just that. SCOTUSblog provides
this update about the case and Howard Bashman discusses it
here. If anyone raises a similar challenge, please let me know.
What would the 11th do? See In re Robert Dale Conklin wherein the 11th refused habeas relief to a first degree murder defendant whose lawyer only received 37 days to prepare (motion to continued denied) and where the state trial court denied a request for $2500 to hire a critical expert. Conklin was executed yesterday.
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