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Federal Habeas Standard
Federal Habeas Standard Cartoons

Federal Habeas Standard

Harrington v. Richter; when the state court's decision is unaccompanied by explanation, the petitioner's burden must be met by showing there was no reasonable basis for the state court to deny relief.
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Blockburger v. United States
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Continuing offense; separate and distinct offenses, even if of the same nature, do not constitute a continuing offense, such as two sales of narcotics to the same purchaser, but at different times. The narcotics act penalizes each individual sale.
Harris v. Oklahoma
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When the conviction of a greater crime cannot be had without conviction of a lesser crime, the double jeopardy clause bars prosecution for the lesser crime after conviction for the greater crime.
Apprendi v. New Jersey
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Due process considerations of Fifth Amendment, applied to states through Fourteenth Amendment, requires an increase in maximum prison sentence to be based on facts found by jury beyond a reasonable doubt. Evidentiary hearing; hate crime.
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Highway checkpoints are unconstitutional when used for ordinary law enforcement purposes to advance a general interest in ordinary crime control.
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Crawford v. Washington; out-of-court statements are inadmissible into evidence if defendant has no opportunity to cross-examine speaker, unless witness is unavailable and defendant has prior opportunity to cross-examine the declarant; hearsay.
Search of Vehicle Incident to Arrest
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Arizona v. Gant; Police may search vehicle incident to recent occupant's arrest only if arrestee is within reaching distance of passenger compartment at time search or reasonable to believe vehicle contains evidence offense of arrest; stare decisis.
Issue Preclusion Analysis for Double Jeapardy
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Yeager v. United States; Although acquittals may preclude retrial on counts on which the same jury hangs, the consideration of hung counts has no place in the issue preclusion analysis for double jeopardy purposes; hung jury.
Waiving Right to Counsel Post Indictment
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Minimum Sentence Enhancement
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Attachment of Right To Counsel
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Miranda Warnings
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