In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.
Issue: Whether, under the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254 (“AEDPA”), when the state court has adjudicated just one prong of a multipronged standard, is AEDPA deference properly applied to the unadjudicated prongs, (as the Seventh Circuit held below, and the Third and Eleventh Circuits have suggested), or are the unadjudicated prongs considered by the federal court de novo (as the Fifth, Sixth, Ninth, and Eleventh Circuits have held).