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Thomas L. Carey, Warden v. Mathew Musladin

Subject:

Due Process, Antiterrorism and Effective Death Penalty Act, Criminal Law, Habeas Corpus

In the absence of controlling Supreme Court law, did the Court of Appeals for the Ninth Circuit exceed its authority under 28 U.S.C. section 2254(d)(1) by overturning respondent's state conviction of murder on the ground that the Courtroom spectators included three family members of the victim who wore buttons depicting the deceased?

• U.S. Court of Appeals - 9th Circuit Opinion Filed: April 8, 2005
• United States Supreme Court, Cert. Granted: April 17, 2006
• United States Supreme Court, Decided: December 11, 2006

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

Briefs:     Parties Merits Phase Brief of Petitioner Carey Brief of Respondent Musladin Amicus Brief of the NACDL in Support of Respondent Amicus Brief of the CJLF in Support of Petitioner	Counsel of Record For Petitioner Thomas L. Carey, Warden: Gregory A. Ott State of California Attorney General Office San Francisco, CA For Respondent Mathew Musladin: David Wayne Fermino Federal Public Defender Northern Dist. of CA San Francisco, CA
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