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Monday, November 08, 2010

Courts - More on: Indiana case on "Petitions to Watch" list

Updating this ILB entry from Nov. 4th re the Indiana case of Bill K. Wilson, Superintendent, Indiana State Prison, Petitioner v. Joseph E. Corcoran, the SCOTUS this morning issued a rather strong 7-page per curiam ruling, which begins on p. 9 of this Nov. 8th order list, directed at the 7th Circuit Court of Appeals. It begins:

Federal courts may not issue writs of habeas corpus to state prisoners whose confinement does not violate federal law. Because the Court of Appeals granted the writ to respondent without finding such a violation, we vacate its judgment and remand. * * *

The petition for a writ of certiorari and respondent’s motion for leave to proceed in forma pauper is are granted.The judgment of the Court of Appeals is vacated, and the case is remanded for further proceedings consistent with this opinion. We express no view about the merits of the habeas petition.

Posted by Marcia Oddi on November 8, 2010 10:36 AM
Posted to Ind. (7th Cir.) Decisions