Legal Opinion · Dissent

Jerome Dewald v. Gene Wriggelsworth

Court of Appeals for the Sixth Circuit

Decided April 7, 2014No. 12-2076Published

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Harrington v. RichterSupreme Court of the United States · 2011
  4. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  5. United States v. CronicSupreme Court of the United States · 1984

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