Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
09-1088 | 9th Cir. | Nov 9, 2010 | Apr 4, 2011 | 7-2 | Thomas | OT 2010 |
Holding: Review under the federal habeas law is limited to the record that was before the state court which ruled on the claim on the merits. Moreover, on the record that was before the state court, Pinholster was not entitled to federal habeas relief.
Plain English Holding: When an inmate challenges his state death sentence on the grounds that his trial counsel was ineffective in failing to present adequate mitigating evidence, a federal habeas court may only consider the evidence the inmate presented in support of that claim in the state courts. The Ninth Circuit erred in concluding that, on the basis of the state record alone, the inmate was entitled to habeas relief on his ineffective assistance of counsel claim.
Judgment: Reversed, 7-2, in an opinion by Justice Clarence Thomas on April 4, 2011. The Chief Justice and Justices Scalia and Kennedy joined the decision in full; Justice Alito joined the decision as to all but Part II of the Court’s opinion; Justice Breyer joined the decision as to Parts I and II, and Justices Ginsburg and Kagan joined the decision as to Part II. Justice Alito filed a separate opinion concurring in part and concurring in the judgment; Justice Breyer also filed a separate opinion concurring in part and dissenting in part. Justice Sotomayor filed a dissenting opinion, which Justices Ginsburg and Kagan joined in part.
Justice Sonia Sotomayor dissents, says immigrant is asking only for "the small grace, to which he is legally entitled, of being allowed to remain in the country while he pursues his substantial claims for relief" https://twitter.com/AHoweBlogger/status/1352779432881217537
#SCOTUS will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit. https://www.supremecourt.gov/opinions/20pdf/20a111_8nj9.pdf
#SCOTUS will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit. https://www.supremecourt.gov/opinions/20pdf/20a111_8nj9.pdf
Today we Tok’d about cert petitions and the court’s private conference.
Tell us. How do you pronounce certiorari?
We expect orders from the court’s private conference today on Monday morning at 9:30 a.m. EST. Opinions at 10:00 a.m. EST.
Good news! The court will continue live audio streaming for its February sitting.
#SCOTUS announces that during the February argument session, which begins on 2/22, it will once again hear oral arguments by phone, w/live audio available to the public, b/c of COVID-19 pandemic: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_01-22-21
Check out the latest Relist Watch from @johnpelwood.
TEN new relists -- including 6 involving Pres. Trump/Trump Admin initiatives that strangely skipped the Jan. 15 conference: Emoluments Clause suits, Public Charge Rule, Title X abortion/counseling rule. Plus a call to revisit regulatory takings & Nevada's COVID restrictions. https://twitter.com/SCOTUSblogposts/status/1352358829317648384
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