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BEARD v. BANKS

United States Supreme Court No. 02-1603

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ORAL ARGUMENT DATE:

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INTRODUCTION

Summary of facts and case
Summary of argument

Argument - Part I

I. The present case illustrates that further guidance is needed on the definition of "new rule."

A. New rules

1. Excessive generality
2. Dictated by precedent
3. Survey of the legal landscape
4. Nonconstitutional precedents
5. Close division
6. Established practice
B. Teague and AEDPA

Part II

II. The present case demonstrates that the Mills/McKoy rule requires clarification.

A. Two kinds of unanimity
B. The Boyde criterion

III. The Court of Appeals flagrantly evaded the governing habeas statute.

Conclusion