FCC v. AT&T, USSC No. 09-1279, 3/1/11 The “personal privacy” exemption in the federal Freedom of Information Act doesn’t apply to corporations, though they are considered “persons” under the Act. … Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. The noun “crab” refers variously… Read more
B. Opinions
Michigan v. Bryant, USSC No. 09-150 At respondent Richard Bryant’s trial, the court admitted statements that the victim, Anthony Covington, made to police officers who discovered him mortally wounded in a gas station parking lot. … We hold that the circumstances of the interaction between Covington and the police objectively indicate that the “primary purpose of… Read more
Walker v. Charles W. Martin, USSC No. 09-996, 2/23/11 State court time limit for seeking postconviction relief needn’t be “fixed,” but instead may be discretionary in nature, for purposes of the habeas default rule. In a recent decision, Beard v. Kindler, 558 U. S. ___ (2009), this Court clarified that a state procedural bar may… Read more
Swarthout v. Damon Cooke, USSC No. 10-333, 1/24/11 Review under 28 U.S.C. § 2254 of a state’s decision to deny parole is limited to whether the inmate was provided an opportunity to be heard and a statement of reasons why parole was denied. The federal court simply has no authority to scrutinize the merits of the… Read more
Harrington v. Richter, USSC No. 09-587, 1/19/11, reversing grant of habeas relief, in 578 F. 3d 944 The 9th Circuit failed to give sufficient deference to the state court’s determination that Richter received adequate representation, requiring reversal of it grant of AEDPA-2254 habeas relief. The principal thrust of the opinion relates to the standard of review, both… Read more
Premo v. Moore, USSC No. 09-659, 1/19/11, vacating grant of habeas relief, in 574 F.3d 1092 Moore, who admitted brutalizing the victim and shooting him in the temple, accepted a plea bargain on advice of counsel: he pleaded guilty to felony-murder, and received the minimum allowable sentence, thus avoiding a capital-offense charge. He raised a postconviction… Read more
Wilson v. Corcoran, USSC No. 10-91, 11/8/10, vacating and remanding habeas grant in, Corcoran v. Levenhagen, 593 F.3d 547 (7th Cir. 2010) Mere violation of state law doesn’t support habeas relief, violation of federal law being required. But it is only noncompliance with federal law that renders a State’s criminal judgment susceptible to collateral attack… Read more
McDonald v. City of Chicago, USSC No. 08-1521, 6/28/10 Two years ago, in District of Columbia v. Heller, 554 U. S. ___ (2008), we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense, and we struck down a District of Columbia law that banned the possession… Read more
