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acquittal application argument arrest authority capital punishment certiorari charged Circuit citizen conditions of release Constitution Court of Appeals crime criminal custody death penalty decision defendant defendant's detained detention determined disclosure discrimination dissent district court dog sniff due process Eighth Amendment enemy combatant evidence execution fact factual Federal Fourth Amendment Government Government's grand jury guilty plea habeas corpus Hamdi handcuffs Harmelin imprisonment indictment issue judgment judicial officer jurors jury selection Justice juvenile death penalty Macaluso magistrate judge Mena ment mentally retarded Miller-El mitigating motion nolo contendere Note offense opinion panel members peremptory challenges person petitioner plea agreement police prior conviction procedures proceedings prosecution prosecutors pursuant question reason record Rompilla's Rompilla's attorneys Rule Sandra Jenkins sentence Strickland supra Supreme Court Suspension Clause Taliban testimony tion trial judge United unreasonable violation voir dire warrant Warren witness writ of habeas