The United States Court of Appeals for the Ninth Circuit quoted extensively from a law review article written by Professor Eric Johnson, in their recent decision in Dominguez v. Kernan, 906 F.3d 1127 (9th Cir. 2018). The opinion concluded that a federal habeas corpus petitioner who has been charged but not convicted in state court is not subject to the legal impediments imposed by the Antiterrorism and Effective Death Penalty Act. Johnson's article is titled An Analysis of the Antiterrorism and Effective Death Penalty Act in Relation to State Administrative Orders: The State Court Judgment as the Genesis of Custody, 29 NEW ENG. J. ON CRIM. & CIV. CONFINEMENT 153 (2003).

Read the full opinion.