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Hunter v. United States · ¶60

All that is a welcome first step. But it also leaves lower courts considerable work ahead to fesh out the standard the Court announces. Fortunately, it seems to me that decisions from Courts of Appeals that already apply the miscarriageof-justice rule the Court “approve[s]” of today, ante, at 727, 721, n. 1, along with certain of our own existing precedents, can help illuminate the path forward.
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