Scalia, Thomas, & Alito wrote quite a dissent to the cert denial in Rapelje v. Blackston (at pp. 16-18) re: AEDPA. http://www.supremecourt.gov/orders/courtorders/113015zor_3e04.pdf …
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The case involved witnesses recanting their testimony, then a court allowing in the original testimony but not recantations on retrial.
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Here's Justice Scalia, dissenting from cert denial where 6th Cir said that wasn't allowed:pic.twitter.com/5jF2o1U31z
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Notably, the trio didn't ~only~ say that cert should have been granted. Scalia writes: "We should grant certiorari and summarily reverse."
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In another case, where Albert Holland (on FL death row) had been ordered a new trial but 11th Cir reversed,
#SCOTUS also denied cert today. -
From the 108-page ruling granting habeas relief to Holland in 2012:pic.twitter.com/hjtsYbxV2x
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2014 11th Cir decision reversing that habeas relief for Holland (& denying his appeals): http://media.ca11.uscourts.gov/opinions/pub/files/201212404.pdf …pic.twitter.com/PsFnsG3I5E
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Holland has been found competent to stand trial, AND 11th Circuit held FL courts reasonably decided his "unstable mental condition" ...
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... justified denying his request to represent himself at trial, the issue that formed the basis of his habeas claim that was granted.
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From the 11th Circuit, noting
#SCOTUS reached a similar decision in Indiana v. Edwards in 2008:pic.twitter.com/huGPspbUMM
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