Unger v. Young

Petition for certiorari denied on November 12, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
13-95 2d Cir. N/A N/A N/A Per Curiam OT 2013

Issue: (1) Whether the state forfeits an argument that Stone v. Powell bars habeas relief if the state fails to raise Stone in the district court, or whether Stone announced a categorical rule that Fourth Amendment claims are not cognizable on habeas review absent a showing that the state prisoner was denied a full and fair opportunity to litigate the issue in state court; (2) whether the decision of the United States Court of Appeals for the Second Circuit, in relying on studies that were not part of the state court record, conflicts with this Court's decision in Cullen v. Pinholster, which held that habeas review is limited to the record that was before the state court; and (3) whether the decision of the Second Circuit affords the state court the deference required by 28 U.S.C § 2254(d), as interpreted by this Court in Harrington v. Richter.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 22 2013Petition for a writ of certiorari filed. (Response due August 26, 2013)
Aug 15 2013Brief of respondent Rudolf Young in opposition filed.
Aug 15 2013Motion for leave to proceed in forma pauperis filed by respondent Rudolf Young.
Sep 4 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013DISTRIBUTED for Conference of October 11, 2013.
Oct 15 2013DISTRIBUTED for Conference of October 18, 2013.
Oct 28 2013DISTRIBUTED for Conference of November 1, 2013.
Nov 4 2013DISTRIBUTED for Conference of November 8, 2013.
Nov 12 2013Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 12 2013Petition DENIED. Justice Alito, joined by Justice Scalia, dissenting from the denial of certiorari. (Detached Opinion)
 
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