Ellis v. Mullin

I respectfully dissent. I conclude the Oklahoma Court of Criminal Appeals’ decision is an “adjudication on the merits” under the Antiterrorism and Effective Death Penalty Act. I would also uphold the Oklahoma court’s factual determination concerning Dr. Garcia’s report, especially under the Act’s deferential standards in §§ 2254(d)(2) and 2254(e)(1). In addition, I conclude the Oklahoma trial court’s exclusion of Dr. Garcia’s report was not egregious enough to constitute a due process violation under Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973).

Adjudication on…