A Continuous-Time Model of Comity for State Judicial Systems

The model implicitly defines constitutional limits on the volatility of due process. The expected value of a prosecution at any phase, to include a conviction or imposing a sentence, must reflect a strict submartingale. Conservative Supreme Court decisions that undermine due process increase volatility, thereby inducing supermartingale prosecution processes which must result in a favorable outcome for defendants. Subsequently, the Supreme Court removes from suit any prosecutors and judges that feign strict submartingale prosecution processes, raising conviction rates beyond constitutional limits. The result imply defendants are not required to exhaust all state remedies before federal relief in state habeas corpus petitions may be granted