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This case does not involve a claim of constitutional error.
The death penalty in Kentucky is colossally unfair, costly and riddled with constitutional error.
The final decision whether the alleged constitutional error was harmless is one of federal law.
Certainly this is the appropriate remedy for the constitutional error committed.
The Louisiana courts committed constitutional error in admitting into evidence the fruits of the illegal search.
The judge's failure to so inform respondent or his counsel was constitutional error.
As I have previously explained, claims of constitutional error are not fungible.
found the alleged constitutional error harmless beyond a reasonable doubt". Ante, at 121.
These courts won't catch every constitutional error, but no judicial review, including habeas, is 100 percent perfect.
The adequacy of any remedy is determined solely by its ability to mitigate constitutional error, if any, that has occurred.
Petitioner has apparently conceded, in both federal and state court, that the undisclosed ex parte communications established federal constitutional error.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com