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By Kent Scheidegger et al.

Predictions of Kennedy v. Louisiana: Yesterday, Corey Rayburn Yung posted his prediction for the Supreme Court's decision in Kennedy v. Louisiana. In his post, Yung states that while he had earlier predicted that the Court might strike down Louisiana's law allowing the death penalty for child rape by "narrowing the class of defendants", Yung now predicts the Court's decision will focus on whether the death penalty for child rape is "cruel and unusual." Yung predicts the Court will "fudge" rather than "overrule" Coker. (We at CJLF do not think that either fudging or overruling is required, as Coker quite clearly left the present question open.) Yung predicts the Court will issue a 5-4 decision in favor of the state, with Kennedy as the swing vote...continue to full post

Full post as published by Crime and Consequences on June 20, 2008 (boomark / email).