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Following High Court Cue, 2nd Circuit Cancels Habeas Grant

Convicted cocaine dealer Jose Rodriguez thought he was in the clear after the 2nd Circuit ordered that his habeas petition be granted because the trial judge had restricted his family's access to his trial. But the U.S. Supreme Court vacated the 2nd Circuit's ruling and instructed it to reconsider in light of its decision in . On Wednesday, the circuit said it could no longer rely on dicta in U.S. Supreme Court decisions in reviewing a habeas case -- and denied Rodriguez' petition.

This entry was posted on Friday, August 31st, 2007 at 12:06 pm and is filed under Lawyer - News.