Docket Decision below (3rd Cir No. 07-2163, 5/28/10) Question Presented (by Scotusblog): For purposes of adjudicating a state prisoner’s petition for federal habeas relief, what is the temporal cutoff for whether a decision from this Court qualifies as “clearly established Federal law” under 28 U.S.C. § 2254(d), as amended by the Antiterrorism and Effective Death Penalty… Read more
A. Cert Grants
Docket Decision below (11th Cir No. 07-15187, 10/26/09) Question Presented (by Scotusblog): Whether the Eleventh Circuit properly held that there was no “cause” to excuse any procedural default where petitioner was blameless for the default, the state’s own conduct contributed to the default, and petitioner’s attorneys of record were no longer functioning as his agents at… Read more
Docket Decision below (3rd Cir No. 08-4747, 5/14/10) Question Presented (by Scotusblog): Validity of the Sex Offender Registration and Notification Act and its implementing regulations. Cert petition Petitioner’s reply Scotusblog page Scotusblog analysis: The newly granted sex offender case involves an attempt to challenge the retroactive application of the Sex Offender Registration and Notification Act… Read more
Docket Decision below (617 F.3d 813 (6th Cir 2010)) Question Presented (by Scotusblog): Whether this Court’s clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always “in custody” for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison… Read more
Docket Decision below (CTA4) Scotusblog page The case appears to involve review of federal sentencing under the Armed Career Criminal Act. Consult Scotusblog page for further details. Decision, 6/6/11… Read more
Docket Decision below (311 S.W.3d 350, Mo. Ct. App) Question Presented: Contrary to the holding in Hill v. Lockhart, 474 U.S. 52 (1985)–which held that a defendant must allege that, but for counsel’s error, the defendant would have gone to trial–can a defendant who validly pleads guilty successfully assert a claim of ineffective assistance of… Read more
Docket Decision below (CTA6) Questions Presented: Anthony Cooper faced assault with intent to murder charges. His counsel advised him to reject a plea offer based on a misunderstanding of Michigan law. Cooper rejected the offer, and he was convicted as charged. Cooper does not assert that any error occurred at the trial. On habeas review… Read more
Docket Decision below (CTA 11) Question Presented (phrasing by On Point; check Docket or Scotusblog links for subsequent posting of official recitation) Whether conviction under 18 U.S.C. § 1512(a)(1)(C) (murder with intent to prevent a person from communicating information about federal offense to federal law enforcement officer or judge) requires proof of an ongoing or imminent federal… Read more