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Beyond a Reasonable Disagreement- Judging Habeas Corpus

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Beyond a Reasonable Disagreement- Judging Habeas Corpus

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas Corpusadditional works at: https://scholarship.lawuc.edu/uclr Ò* Part of the Criminal Procedure CommonsRecommended CitationNoam Biale. Beyond a Reasonable D

isagreement: Judging Habeas Corpus, 83 u. Cin L. Rev. 1337 (2015) Available at: https://scholarship.law.uc.edU/uclr/vol83/iss4/7This Article is brough Beyond a Reasonable Disagreement- Judging Habeas Corpus

t to you for free and open access by University of Cincinnati College of Law Scholarship and Publications. It has been accepted for inclusion in Unive

Beyond a Reasonable Disagreement- Judging Habeas Corpus

rsity of Cincinnati Law Review by an authorized editor of University of Cincinnati College of Lav/ Scholarship and Publications. For more information,

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas Corpusnited States Court of Appeals for the Second Circuit. The author was formerly a Fellow at the Equal Justice Initiative in Montgomery, Alabama, litigat

ing state and federal postconviction appeals in death penalty and juvenile hfe-without-parole cases. Deep gratitude is owed to Anthony G. Amsterdam, M Beyond a Reasonable Disagreement- Judging Habeas Corpus

argaret Graham, J. Benton Heath, Randy Hertz. Zachary Katznelson, Sarah Knuckey, Shalev Roisman, Erin Adele Scharff, Jennifer Rae Taylor, and the memb

Beyond a Reasonable Disagreement- Judging Habeas Corpus

ers of the Lawyering Scholarship Colloquium at N.Y.U. School of Law for helpful comments, probing questions, and abiding encouragement.This article is

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas Corpuseas Cor[Beyond a Reasonable Disagreement: Judging 1 {AREAS CorpusNoam ỉìiaỉe*Illis Article addresses ongoing confusion in federal habeas corpus doctri

ne about one of the most elemental concepts in law: reasonableness. The Supreme Court recently announced a new standard of reasonableness review for h Beyond a Reasonable Disagreement- Judging Habeas Corpus

abeas cases, intended to raise the bar state prisoners must overcome to obtain federal relief This new standard demands that errors in state court dec

Beyond a Reasonable Disagreement- Judging Habeas Corpus

isions be so profound that "no fairminded jurist could disagree” that the result is incorrect. Scholars have decried the rigid and exacting nature of

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas Corpuscal framework for understanding the new habeas standard and shows that the assumptions lower courts are making about its meaning are wrong h concludes

that federal courts need more data beyond the mere possibility of fairminded disagreement to find that a decision is reasonable. The Article draws on Beyond a Reasonable Disagreement- Judging Habeas Corpus

scholarship and jurisprudence in other areas of law that employ reasonableness standards, and argues that the missing data should be supplied by exam

Beyond a Reasonable Disagreement- Judging Habeas Corpus

ining the state adjudicative process. The case for focusing on state process in federal habeas cases is not new. but this Article represents the first

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas Corpuscommonplace in the news media: A horrific crime occurs: let’s say a murder. Police arrest a suspect and the evidence against him seems overwhelming. P

erhaps he has confessed, or an eye-witness identifies him. or his co-defendants implicate him as the trigger-man. rhe suspect is tried in state court Beyond a Reasonable Disagreement- Judging Habeas Corpus

and convicted. He is sent tv prison; perhaps he is sentenced to death. The case is closed. Years later, cracks begin to appear in what previously♦ Tjn

Beyond a Reasonable Disagreement- Judging Habeas Corpus

r Clerk tn rhe Tton. Gerard r. Lynch. United States Court of Appeals for tile Second Circuit. The airtmr was formerly a Fellow at rhe Fzjnal Justice I

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas Corpusp gratitude » oivixl to Anthony o. Aiustcrdaiu. Margaret Graham. J. Beulou Heath. Raudy Holz. Zachary Kalarclsou. Surah Kuudxy. shake Roitman. £rm Adc

k Schiui'i. Jemiifer Rae Taylor, and the members oi the- Lawyering Scholarship Colloqukuu al N.Y.U. School oi Law ioi lxlpi.ll cuiuuxrits. probing que Beyond a Reasonable Disagreement- Judging Habeas Corpus

stions, and a btdmg encouragement.1337Published by University of Cincinnati College of Law Scholarship and Publications, 20151________ ____. Universit

Beyond a Reasonable Disagreement- Judging Habeas Corpus

y of Cincinnati Law Review. Vol. 83, Iss. 4 (2015), Art. f1338UNIVERSITY OF CINCINNATI Law Review [vol. 83looked like a solid conviction. Witnesses re

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas Corpus the prosecution withheld exculpatory- evidence.1 2 * * The defendant presents this new evidence to the state courts, but they refuse to reopen the ca

se. He files a last-ditch, hail-Mary petition to the federal court, seeking a writ of habeas corpus. The federal court faults the state for ignoring t Beyond a Reasonable Disagreement- Judging Habeas Corpus

he defendant s legal claim. It reviews the evidence anew and finds that a grave injustice occurred. The federal court grants the defendant's habeas pe

Beyond a Reasonable Disagreement- Judging Habeas Corpus

tition and vacates the conviction or sentence. Though many years have passed, a wrong is righted?Here is a story that is seldom told but, in fact, is

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas Corpusndant above. The state courts deny relief. The defendant files a petition for habeas corpus in federal court. The federal court reviews the state cour

t decision and finds compelling reasons to doubt the reliability of the defendant's conviction. However, the federal court says that the result in the Beyond a Reasonable Disagreement- Judging Habeas Corpus

state court is at least debatable, and faimiinded judges could disagree about whether it is correct. The federal court presumes that the state judges

Beyond a Reasonable Disagreement- Judging Habeas Corpus

who denied relief were all fairminded. Therefore, the federal court rules that their decision is not unreasonable, and denies the defendant s habeas

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas CorpusAct of 1996 (AEDPA) and the Supreme Court’s1In tile sentencing context, correspondingly, discovery of the defendant’s intellectual disability might re

nder hint ineligible for tlie death penalty2See eg. Death Ron Stones Joe D Ambrosio (CNN television broadcast Mm 23. 2014\Most Secret. His Conviction Beyond a Reasonable Disagreement- Judging Habeas Corpus

Overturned. Man is Let Ota of Prison After 23 Years. N.Y. TIMES (Jan. 23, 2013). http: www-aytimcs.can 2013 01 24 nyreglc

Beyond a Reasonable Disagreement- Judging Habeas Corpus

nan•ls•let•c'at•of• pnso

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas Corpussited May 30. 2015).3. Sec. eg.. Hawthorne V. Schncidennaii. 695 F.3d 192. 199 (2d cir. 2012) (CahbresL J-concurring) ("Tins is one of the tare cases

in which a habeas petition may well be innocent. The question of Hawthorne's innocence. however, is not the one we are encouraged—01. at times, even a Beyond a Reasonable Disagreement- Judging Habeas Corpus

llowed—to ask in habeas cases such as this."); Hill V. Humphiey. 662 F3d 1335.1360(11th Cir. 2011) (en banc) (declining to decide whether state burden

Beyond a Reasonable Disagreement- Judging Habeas Corpus

of proof for intellectual disability violate* intellectually disabled petitioner’s Eighth Amendment rights where petitioner "failed to show that no f

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

Beyond a Reasonable Disagreement- Judging Habeas Corpus the reasoned judgment of the State’s higliest court." (internal quotation marks omitted)). Momgomery V. Bobby. 654 F.3d 66S. 676-S3 (6th Cư. 2011) (c

o banc) (state court did net unreasonably apply Brady V. Maryland where proseeuticci withheld witness statement irccn defense that asserted that witne Beyond a Reasonable Disagreement- Judging Habeas Corpus

ss had seen victim ahve four days after prosecution alleged defendant killed her).https://scholarship.law.uc.edU/udr/vol83/iss4/72

University of Cincinnati Law ReviewVolume 83 I Issue 4Article 742217Beyond a Reasonable Disagreement: Judging Habeas CorpusNoam BialeFollow this and a

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