Four months after ordering the release of a man who killed his wife, the U.S. Court of Appeals for the Second Circuit has reversed itself “after much reflection” and yielded to the “double deference” the U.S. Supreme Court says is owed the state courts on habeas petitions.
The circuit reconsidered Rivera v. Cuomo, 10-244-pr, in light of a recent U.S. Supreme Court decision and concluded it has “no choice but to uphold the decision of the state court,” although it left no doubt that it views the state court finding skeptically.
