Michael Cuero v. Matthew Cate

For the second time in roughly as many weeks, we invite summary reversal by the Supreme Court in a state court habeas case.1 The three-judge panel decision here is not based on clearly established federal law, as the Supreme Court has never held that the Due Process Clause precludes post-plea, pre-judgment amendments to a complaint. Nor has the Supreme Court ever ordered the reinstatement of an alleged plea agreement that was not in effect at the time judgment was entered. Such an exercise of raw federal judiciary power, though, is exactly what the Antiter-rorism and Effective Death Penalty…