US Supreme Court hears argument on buttons & clearly established federal law
The United States Supreme Court will hear argument today in Carey v. Musladin. The case presents the issue of whether 2" buttons, featuring the victim's picture, worn by a murder victim's family members at trial violated the defendants right to a fair trial. Resolution of the case may turn on what constitutes "clearly established federal law as determined by the Supreme Court of the United States" for purposes of 28 USC 2254, which governs federal habeas corpus proceedings from state court judgments.
Scotusblog summarizes the case. Briefs are available via the ABA.