The petition of the day is:

Donat v. Honeycutt

Issue: (1) Whether the Ninth Circuit contravened 28 U.S.C. § 2254(d)(1) when it granted habeas relief even though there is no clearly established Supreme Court precedent which holds that in respondent’s case the state violated the Sixth Amendment; and (2) whether the Ninth Circuit improperly disregarded its obligation under Fry v. Pliler and Brecht v. Abrahamson to review the state court decision for harmless error when it applied a Ninth Circuit direct-review standard to determine that it would not reach the issue of harmless error because the state had waived it.

Posted in Donat v. Honeycutt, Cases in the Pipeline

Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (Apr. 1, 2014, 10:17 PM),