Block on Trump's Asylum Ban Upheld by Supreme Court
In a capital murder case, district court's judgment granting a writ of habeas corpus is reversed where a state court ruling based on the post-conviction record was not contrary to nor an unreasonable application of the Strickland standard where the defendant failed to present any evidence of ineffective assistance of counsel at the state post-conviction proceeding. District court's dismissal of the defendant's remaining claims are affirmed where: 1) there was no error in rejecting defendant's Batson claims; 2) a claim regarding the denial of a strike a juror for cause was properly rejected; 3) for purposes of the admission of a partially inculpatory statement, state courts' rejection of the claim did not involve an unreasonable application of Colorado v. Spring; 3) defendant's challenges to the constitutionality of Arkansas' death penalty laws are foreclosed by precedent; and 4) claims regarding aggravating factor issues were properly rejected.
Submitted: January 15, 2009
Filed: August 17, 2009
Opinion by Judge Loken