This week, I’ve been posting on the evolving connection between circuit precedent and “clearly established law” in both qualified–immunity and AEDPA cases. To round out the discussion, this post discusses related issues posed by a third doctrine: the good-faith exception to the exclusionary rule. Appropriately enough, the circuit courts themselves have recently had interesting things to say about circuit precedent in this area. The upshot is a remarkable convergence between qualified immunity and a rapidly growing exception to the exclusionary rule.
Category Archives: Habeas
Already, “clearly established” law is a clearly established theme of this term’s summary reversals. I’ve been posting on recent qualified immunity cases, including the summary reversal in Carroll v. Carman. Yesterday’s summary reversal, Glebe v. Frost, is an AEDPA case that touches on similar issues–with the significant difference that AEDPA expressly focuses on clearly established Supreme Court precedent. (Many thanks to Ronald Mann for pointing out this aspect of Glebe.)