Ready for a life change like quitting your job to pursue a new career, starting your own business, or going back to school? Making a jump is both exciting and risky. Find out what financial steps you should take before leaving a comfortable work situation to follow your passion. Get the Money Girl book at http://www.MoneyGirlBook.com. Read the transcript at http://www.quickanddirtytips.com/money-finance/saving-spending/changing-career-financially-prepared Check out all the Quick and Dirty Tips shows: www.quickanddirtytips.com/podcasts FOLLOW MONEY GIRL Facebook: https://www.facebook.com/MoneyGirlQDT Twitter: https://twitter.com/LauraAdams
SCOTUScast - Wilson v. Sellers – Post-Argument SCOTUScast
On October 30, 2017, the Supreme Court heard argument in Wilson v. Sellers, a case regarding the standard of review federal courts should apply to a final state court denial of habeas relief.
In 1996, Marion Wilson, Jr. was sentenced to death after being found guilty of a series of violent crimes culminating in the murder of Donovan Parks. At sentencing Wilson’s counsel argued that Wilson was not the triggerman and offered evidence of his troubled childhood; in response the state prosecutor highlighted Wilson’s criminal history and gang activity. Wilson’s conviction and sentence were affirmed on direct appeal. Wilson sought habeas relief in state superior court, claiming that his trial counsel offered ineffective assistance in his investigation of mitigation evidence during the trial phase of the murder trial. He offered lay testimony about his childhood and expert testimony regarding his judgment skills. The superior court denied habeas relief, concluding that the lay testimony was cumulative of other evidence offered at trial as well as inadmissible, and that the expert testimony would not have changed the outcome of the trial. In a one-sentence order, the Georgia Supreme Court summarily denied Wilson’s subsequent application for a certificate of probable cause to appeal.
Wilson then sought habeas relief in federal district court. The district court denied relief, but granted a certificate of appealability on the issue of the effectiveness of Wilson’s trial counsel at sentencing. A panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the denial of habeas relief. Treating the Georgia Supreme Court’s summary refusal to grant a certificate of probable cause to appeal as the final state court decision on the merits, the Eleventh Circuit applied the test outlined by the U.S. Supreme Court in the 2011 case Harrington v. Richter, asking whether there was any reasonable basis for the Georgia Supreme Court to deny relief. The panel answered that question in the affirmative. Wilson obtained rehearing en banc before the full Eleventh Circuit, however, arguing that under the 1991 decision of the U.S. Supreme Court in Ylst v. Nunnemaker, the panel should instead have looked “through” the Georgia Supreme Court’s ruling back to “the last reasoned decision” by the state courts. By a vote of 6-5 the Eleventh Circuit disagreed, holding that federal courts need not “look through” a summary decision on the merits to review the reasoning of the lower state court.
The Supreme Court subsequently granted certiorari to address whether its decision in Harrington v. Richter abrogates the presumption set forth in Ylst v. Nunnemaker that a federal court sitting in habeas proceedings should “look through” a summary state court ruling to review the last reasoned decision.
To discuss the case, we have Lee Rudofsky, Solicitor General of Arkansas.
In 1996, Marion Wilson, Jr. was sentenced to death after being found guilty of a series of violent crimes culminating in the murder of Donovan Parks. At sentencing Wilson’s counsel argued that Wilson was not the triggerman and offered evidence of his troubled childhood; in response the state prosecutor highlighted Wilson’s criminal history and gang activity. Wilson’s conviction and sentence were affirmed on direct appeal. Wilson sought habeas relief in state superior court, claiming that his trial counsel offered ineffective assistance in his investigation of mitigation evidence during the trial phase of the murder trial. He offered lay testimony about his childhood and expert testimony regarding his judgment skills. The superior court denied habeas relief, concluding that the lay testimony was cumulative of other evidence offered at trial as well as inadmissible, and that the expert testimony would not have changed the outcome of the trial. In a one-sentence order, the Georgia Supreme Court summarily denied Wilson’s subsequent application for a certificate of probable cause to appeal.
Wilson then sought habeas relief in federal district court. The district court denied relief, but granted a certificate of appealability on the issue of the effectiveness of Wilson’s trial counsel at sentencing. A panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the denial of habeas relief. Treating the Georgia Supreme Court’s summary refusal to grant a certificate of probable cause to appeal as the final state court decision on the merits, the Eleventh Circuit applied the test outlined by the U.S. Supreme Court in the 2011 case Harrington v. Richter, asking whether there was any reasonable basis for the Georgia Supreme Court to deny relief. The panel answered that question in the affirmative. Wilson obtained rehearing en banc before the full Eleventh Circuit, however, arguing that under the 1991 decision of the U.S. Supreme Court in Ylst v. Nunnemaker, the panel should instead have looked “through” the Georgia Supreme Court’s ruling back to “the last reasoned decision” by the state courts. By a vote of 6-5 the Eleventh Circuit disagreed, holding that federal courts need not “look through” a summary decision on the merits to review the reasoning of the lower state court.
The Supreme Court subsequently granted certiorari to address whether its decision in Harrington v. Richter abrogates the presumption set forth in Ylst v. Nunnemaker that a federal court sitting in habeas proceedings should “look through” a summary state court ruling to review the last reasoned decision.
To discuss the case, we have Lee Rudofsky, Solicitor General of Arkansas.
Cato Daily Podcast - The New State of Occupational Licensing
Occupational licensing represents a potentially serious impediment to economic progress, and yet eliminating licenses is a long, laborious process. Lisa Knepper and Jennifer McDonald of the Institute for Justice discuss their License to Work report.
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The NewsWorthy - AT&T, Charlie Rose & ‘Coco’ – Tuesday, November 21st, 2017
All the news you need to know for Tuesday, November 21st, 2017!
Today we’re talking about the U.S. suing AT&T and the eight accusations against well-known TV host Charlie Rose.
Plus: a Trader Joe's recall, Uber's plan for self-driving cars and the Pixar film Coco.
Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you.
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For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.
Opening Arguments - OA123: Cards Against Humanity (And Thomas), “Magic Words” & so much more!
In this fun, pre-Thanksgiving episode, we delve into a number of interesting topics. We begin with the popular (if much maligned by Thomas) card game "Cards Against Humanity" and their pitch to "save America." Are you surprised that it turns into a deep dive about eminent domain? (You shouldn't be.) After that, Andrew answers a listener question about whether, in fact, there are "magic words" in the law. How does this relate to the infamous lawyer dog? Listen and find out! Next, the guys discuss Trump's secret war on the judiciary, beginning with a judge less qualified than Thomas and most OA listeners. It's depressing! It's true! It's... depressing. The episode closes with the answer to Thomas Takes the Bar Exam Question #50 involving hot rods, cruisin', and assault with a deadly car hood. Don't forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Andrew was a return guest on Episode 7 of the How-To Heretic Podcast; give it a listen! Show Notes & Links
- Check out Cards Against Humanity Saves America! Oh, and afterwards, give Episode 52 of Comedy Shoeshine a listen and hear how Thomas really feels about adult Apples-to-Apples!
- You can read this Washington Post story about the infamous "lawyer dog" by clicking here.
- And, of course, you can always read Kelo v. City of New London, 545 U.S. 469 (2005).
The Gist - What’s Next for Zimbabwe?
In his 37 years as president of Zimbabwe, Robert Mugabe has learned how to play hardball. While his past methods have invited sanctions for human rights violations, the 93-year-old is staying within the confines of the law to fend off the coup at his doorstep. Chipo Dendere, a visiting assistant professor of political science at Amherst College, tells us more.
In the Spiel, Mike considers Charles Manson and why serial killers don’t get attention like they used to.
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The Nod - Ready, Set … Buy Black
Tupac vs. Biggie. Mac vs. PC… Brittany vs. Eric. This week, Brittany and Eric’s rivalry reaches new heights as they face off in a competition that tests their smarts, perseverance and maybe even their friendship. Who will win bragging rights for life? And who will take the L?
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Pod Save America - “The Donor Relief Act of 2017.”
Republicans jam the second most unpopular piece of legislation in history through the House, Doug Jones could transform Washington with a victory over Roy Moore, and Trump’s FCC votes to help Trump-friendly media consolidate power. Senator Claire McCaskill joins Jon, Jon, and Tommy to talk bout the tax bill, her Senate race, Al Franken, and Bill Clinton. Then DeRay joins to talk about student loan penalties.
Cato Daily Podcast - The New Attempts to Restrict Bitcoin
Bitcoin's turbulent times have been driven in part by technical considerations and government attempts to crack down on the cryptocurrency. Will Luther, a professor of economics at Kenyon College, comments.
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Start the Week - Blood, guts and swearing robots
Victorian hospitals were known as 'houses of death' and their surgeons, who never washed their hands, were praised for their brute strength and speed. Lindsey Fitzharris tells Andrew Marr about the pioneering British surgeon Joseph Lister who transformed his profession. Anaesthesia was discovered in the 1840s but Professor Lesley Colvin says we're still learning about the complex relationship between the brain and the perception of pain, as well as understanding the potential harm of the increased use of strong opiates. Pain is common to all humans, but could - and should - robots feel pain? This is the question Dr Beth Singler poses in a new film exploring the limits of Artificial Intelligence. And if they are programmed to feel pain, should they also be taught to swear? Dr Emma Byrne looks at the science of bad language and why it can also be harnessed to reduce pain. Producer: Katy Hickman.