In Rowland v. Chappell, the Ninth Circuit today refuses to grant habeas corpus relief to a prisoner whose 1988 death sentence the California Supreme Court affirmed 25 years ago. The Supreme Court also denied habeas corpus petitions in 1994 and 1997.
The Ninth Circuit reviewed the Supreme Court’s work under a standard that it describes as “ ‘highly deferential’ ” to state courts and “ ‘difficult [for prisoners] to meet.’ ” (See here.) Even under that standard, however, the Supreme Court doesn’t always survive the Ninth Circuit’s scrutiny.
