Recently, some readers have reached out to me with inquiries about depraved indifference cases.
There is no doubt that depraved indifference cases have popped up a lot around here. In fact, the first substantive post on the blog had to do with a habeas grant in a depraved indifference case (it was later overturned by the Second Circuit). A search of the blog shows that there have been dozens of posts that have mentioned this category of cases.
So I thought it might be helpful to give an overview of what's happened and is happening in those type of cases.*
*For some reason, I felt uncomfortable trying to find a pithy title for a post about depraved indifference cases. I have previously lamented the fact that pithy titles are not really my forte. Only rarely do I find that right combination of brevity, cleverness, metaphors and/ or puns, that all come together in a perfectly pithy blog post title. I am always amazed when someone can do it. UPDATE: From the comments, this clever proposed title made me laugh: "I'm deprived on account of I'm depraved." It's kind of perfect.
I am going to cover the following areas:
A. Background (discussing the change in law)
C. Habeas Review of the Merits
D. Procedural Default
This is going to be a long post. So, for the first time in a long time, I am going to put stuff below the fold . . .