As to this — "That decision was based on a misinterpretation of fed'l law, and Ark. will seek immed. review." — I'm interested to see where.
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Although I agree that as a practical matter SCOTUS is going to be way less likely to disturb the state court’s judgment.
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Hmm. I'm not sure I read it the same when it comes to lifting a stay of execution.
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"Ambiguity cuts against the state court." <— Wouldn't ambiguity cut to the state court when the result is allowing an execution to proceed?
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Not sure I follow you.
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Yikes, Chris. Yikes.
End of conversation
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… then I don’t think you can say adequate and independent ground. Ambiguity cuts against the state court.
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But if the inmates raised federal claims in their motions and the state court didn’t specify the grounds for issuing the stay…
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