On Point: f. Supplementing record

Rivers v. Guerrero, USSC No. 23-1345, 6/12/2025; Scotusblog page (with links to briefs and commentary)

A unanimous SCOTUS held that a habeas petitioner’s second filing asserting a new claim for relief, submitted after the district court entered judgment with respect to the first filing but while the first filing was pending on appeal, qualifies as a “second or successive” petition and must be approved by the court of appeals before considered by the district court.

Breion S. Woodson v. Bradley Mlodzik, No. 22-3153, 2/28/25

Although Woodson has new evidence seeming to suggest he was sentenced on the basis of inaccurate information, the complex procedural rules of habeas litigation require affirmance.

Ladarius Marshall v. Scott Eckstein, No. 15-CV-008 (E.D. Wis. Apr. 22, 2020)

Marshall pleaded to homicide and other charges. Before he did so, though, he moved to suppress statements he’d made during more than 12 hours of interrogation at the police station (he was 16 years old at the time). The trial court and our court of appeals held that the interrogating officers “scrupulously honored” Marshall’s multiple assertions that he didn’t want to talk with them anymore. The federal district court finds this conclusion unreasonable because the officers deflected his refusals to talk and cajoled him into continuing. What’s more, the court says that even his later statements–given to officers who did follow Miranda‘s rules–must be suppressed because they were too closely connected to his original, unlawfully-taken statements.

Cullen v. Scott Lynn Pinholster, USSC No. 09-1088, 4/4/11

We first consider the scope of the record for a §2254(d)(1) inquiry. The State argues that review is limited to the record that was before the state court that adjudicated the claim on the merits. Pinholster contends that evidence presented to the federal habeas court may also be considered. We agree with the State.

…

We now hold that review under §2254(d)(1) is limited to the record that was before the state court that adjudicated the claim on the merits.

William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part III

7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal)

Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation defense) is here; Part II (default; standard of review),

seventh circuit decision; denying rehearing and amending panel decision, Coleman v. Hardy (per curiam , 2/7/11)

Habeas – Defaulted Claim – Assertion of Innocence

Although Coleman defaulted his ineffective assistance of counsel claim by failing to raise it in state court, his allegation of actual innocence supports a “gateway” evidentiary hearing to determine whether to reach the merits of the defaulted claim.

Default may be excused if the petitioner can show 1) “cause”