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Criminal,
9th U.S. Circuit Court of Appeals

Nov. 6, 2018

Debate over the Antiterrorism and Effective Death Penalty Act lives on in 9th Circuit

The fight over federal legislation curbing the power of Article III judges to grant habeas relief lives on in the 9th U.S. Circuit Court of Appeals, despite the fact that one of the law’s biggest critics is dead.

Senior Judge Diarmuid F. O'Scannlain castigated the rest of the 9th Circuit Court of Appeals for failing to heed the U.S. Supreme Court, which has upheld a law restricting the authority of Article III judges to grant habeas petitions.

The fight over federal legislation curbing the power of Article III judges to grant habeas relief lives on in the 9th U.S. Circuit Court of Appeals, despite the fact that one of the law's biggest critics is dead.

On Monday, a divided panel of the court found in favor of a California habeas petitioner challenging gang enhancements attached to two armed robbery convictions secured against him in state court.

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