Ali Al-Maqablh v. Daniel Cameron, Attorney General of Kentucky
DueProcess HabeasCorpus JusticiabilityDoctri
When does AEDPA grant habeas petitioners complete relief or just review?
QUESTIONS PRESENTED 1. When enacted the AEDPA, did Congress intend to grant habeas petitioners, who surmount AEDPA’s strict standards, a complete habeas relief, or just the opportunity to have their conviction reviewed by a federal habeas court? If the latter, what does this sort of “past-AEDPA-bar” review look like when it involves a due process claim under Jackson v. Virginia, 443 U.S. 307 (1979)? Does a review of this sort involve a question of law, facts, or a mixed question of law and facts? i. Can habeas reviewing courts act as a court of first instance, affirm the denial of habeas relief on alternative grounds, conduct an independent review of unpreserved issues, interpret state law, overlook the state supreme court’s rulings, and foreclose the opportunity on a petitioner to appeal? 1