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Smashing Precedents and Making Up Facts

Strict Scrutiny

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The Supreme Court's Opinion in Shin vs Martinez Ramirez

A development regarding the Supreme Court's opinion in shin versus Martinez Ramirez which was the decision in which the Supreme Court said if the state appoints you a second ineffective lawyer who fails to introduce evidence that your first lawyer was ineffective that's your fault. In Justice Thomas's majority opinion he wrote that respondents that is the defendants do not dispute and therefore concede that their habeas petitions fail on the state court record alone. Well, the lawyers for Martinez Ramirez and Jones filed a motion to modify the opinion to read instead that the court assumes without deciding for purposes of this decision that the habeas petitioners agree they lose under this new standard even though they did know such thing they did not agree.

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