The petition of the day is:

Lopez v. Smith
13-946

Issue: Whether the Ninth Circuit failed to apply the deferential standard of review required by 28 U.S.C. § 2254(d) when it granted federal habeas relief from a state murder conviction on the ground that the prosecutor’s request for an aiding-and-abetting instruction at the jury-instruction conference violated a putative constitutional right to prior notice of the government’s theory of prosecution – a right that has been recognized in the court of appeals’ own precedents, but not established by any holding of this Court.

Posted in Lopez v. Smith, Cases in the Pipeline

Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (Aug. 19, 2014, 10:10 PM), http://www.scotusblog.com/2014/08/petition-of-the-day-664/