Tuesday, May 22, 2007


Yesterday, by a vote of six to three, the Supreme Court dismissed as improvidently granted the writ of certiorari in No. 06-313, Roper v. Weaver. The Court had granted certiorari to determine whether the Eighth Circuit had exceeded its authority under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) in setting aside William Weaver’s death sentence because the prosecutor’s penalty phase closing argument was “unfairly inflammatory.” The dismissal means that the Eighth Circuit’s grant of habeas relief to Weaver, a Missouri prisoner, stands.

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