Will Bode
๐ค SpeakerAppearances Over Time
Podcast Appearances
Yeah. So six to say they got it wrong, five to say they got it wrong and let's just fix it.
Yeah. So six to say they got it wrong, five to say they got it wrong and let's just fix it.
And two in full dissent. So the full dissent by Justice Thomas, joined by Justice Alito. Justice Barrett is the one sort of in the middle. She joins the majority on jurisdiction- She joins them in agreeing that there was error below, but then doesn't go along with the remedy and would have just remanded.
And two in full dissent. So the full dissent by Justice Thomas, joined by Justice Alito. Justice Barrett is the one sort of in the middle. She joins the majority on jurisdiction- She joins them in agreeing that there was error below, but then doesn't go along with the remedy and would have just remanded.
And so majority opinion by Justice Sotomayor joined in full by the Chief, Kagan, Kavanaugh, and Jackson.
And so majority opinion by Justice Sotomayor joined in full by the Chief, Kagan, Kavanaugh, and Jackson.
Yeah. Yeah. Okay. So yeah, a lot going on here, enough going on that we might never get to that second case, but who knows? You haven't told them what the second case would be.
Yeah. Yeah. Okay. So yeah, a lot going on here, enough going on that we might never get to that second case, but who knows? You haven't told them what the second case would be.
But it's smack in the middle of a discussion of these procedural limits, right? There's procedural limits on these kinds of successive petitions for relief filed in Oklahoma court.
But it's smack in the middle of a discussion of these procedural limits, right? There's procedural limits on these kinds of successive petitions for relief filed in Oklahoma court.
I find it quite ambiguous. It could be saying it's not based in state law, in fact. Right. Or it's not based in federal law, in fact.
I find it quite ambiguous. It could be saying it's not based in state law, in fact. Right. Or it's not based in federal law, in fact.
Yeah. I mean, but the question is, but the question is the law. Does the law mean federal law or state law? Right.
Yeah. I mean, but the question is, but the question is the law. Does the law mean federal law or state law? Right.
Well, I mean, but maybe that maybe the Oklahoma Court of Criminal Appeals disagrees and thinks that, you know, thinks that these are circumstances where under state law, the attorney general is not supposed to confess error. Oh, yeah. Yeah. I mean, I just don't know. I mean, it's it's really not well written.
Well, I mean, but maybe that maybe the Oklahoma Court of Criminal Appeals disagrees and thinks that, you know, thinks that these are circumstances where under state law, the attorney general is not supposed to confess error. Oh, yeah. Yeah. I mean, I just don't know. I mean, it's it's really not well written.
And the classic example of that is a case where, you know, they're The court is relying on a state constitutional guarantee and federal constitutional law, and it's not really clear which one it rests on, right? That's a simpler situation.
And the classic example of that is a case where, you know, they're The court is relying on a state constitutional guarantee and federal constitutional law, and it's not really clear which one it rests on, right? That's a simpler situation.