Jerome Dewald v. Gene Wriggelsworth
Court of Appeals for the Sixth Circuit
1DissentCole, Circuit Judge
Where, as here, a state court ignores or misapplies nearly every governing legal principle at issue, habeas corpus relief is warranted. I respectfully dissent from the majority’s conclusion that there was no “clearly established Federal law” that could form the basis for relief under 28 U.S.C. § 2254. General principles governing the federal preemption of state laws form a core component of our republic. Those principles, anchored in the Supremacy Clause of the Constitution, and articulated in Supreme Court cases spanning from McCulloch v. Maryland, 4 Wheat. 316, 4 L.Ed. 579 (1819), to…
2Cases cited42 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Harrington v. RichterSupreme Court of the United States · 2011
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- United States v. CronicSupreme Court of the United States · 1984
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