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Timothy O'Toole and Sarah Dowd Comment on Petitioner's Victorious Habeas Corpus Review Suit in Bloomberg BNA

Subtitle
"Death Row Inmate's Habeas Review Argument Wins at High Court"

Bloomberg BNA

Timothy O'Toole and Sarah Dowd* commented on Marion Wilson's successful appeal before the Supreme Court. The court ruled that a federal court conducting habeas corpus review of an unexplained state-court decision in most cases should "look through" to the last reasoned decision, presuming that the unexplained decision adopted the reasoning of the prior decision. "The decision gives individuals the chance to challenge the state court's actual reasoning — rather than allowing a federal court to act as though the state adjudication never happened," said O'Toole and Dowd, who filed an amicus brief in support of Mr. Wilson; he currently faces the death penalty.

*Former Miller & Chevalier attorney