On Point: 44. SCOTUS

Premo v. Moore, USSC No. 09-659, 1/19/11, vacating grant of habeas relief, in 574 F.3d 1092

Moore, who admitted brutalizing the victim and shooting him in the temple, accepted a plea bargain on advice of counsel: he pleaded guilty to felony-murder, and received the minimum allowable sentence, thus avoiding a capital-offense charge. He raised a postconviction challenge to counsel’s failure to seek suppression of his statement to the police,

Docket

Decision below (CTA4)

Scotusblog page

The case appears to involve review of federal sentencing under the Armed Career Criminal Act. Consult Scotusblog page for further details.

Decision, 6/6/11

Docket

Decision below (311 S.W.3d 350, Mo. Ct. App)

Question Presented:

Contrary to the holding in Hill v. Lockhart, 474 U.S. 52 (1985)–which held that a defendant must allege that, but for counsel’s error, the defendant would have gone to trial–can a defendant who validly pleads guilty successfully assert a claim of ineffective assistance of counsel by alleging instead that,

Docket

Decision below (CTA6)

Questions Presented:

Anthony Cooper faced assault with intent to murder charges. His counsel advised him to reject a plea offer based on a misunderstanding of Michigan law. Cooper rejected the offer, and he was convicted as charged. Cooper does not assert that any error occurred at the trial. On habeas review, the Sixth Circuit found that because there is a reasonable probability that Cooper would have accepted the plea offer had he been adequately advised,

Docket

Decision below (CTA 11)

Question Presented  (phrasing by On Point; check Docket or Scotusblog links for subsequent posting of official recitation)

Whether conviction under 18 U.S.C. § 1512(a)(1)(C) (murder with intent to prevent a person from communicating information about federal offense to federal law enforcement officer or judge) requires proof of an ongoing or imminent federal investigation.

Scotusblog page

No immediately apparent implications for state practice in this grant.

Dismissed as improvidently granted, 3/29/11

Docket

Decision below (New York Court of Appeals)

Question Presented (phrasing by On Point; check Docket or Scotusblog links for subsequent posting of official recitation)

Whether someone’s driving record is suppressible as the fruit of an illegal stop or arrest.

Scotusblog

A mere 6 days ago, Mr. Badger raised an alert on the core of this issue:

United States v.

Wilson v. Corcoran, USSC No. 10-91, 11/8/10, vacating and remanding habeas grant in, Corcoran v. Levenhagen, 593 F.3d 547 (7th Cir. 2010)

Mere violation of state law doesn’t support habeas relief, violation of federal law being required.

But it is only noncompliance with federal law that renders a State’s criminal judgment susceptible to collateral attack in the federal courts.

Docket

Decision below (N.C. supreme court)

Question Presented:

Whether, in the context of interrogating a juvenile in a school setting, “custody” for purposes of triggering Miranda warnings is determined by a purely objective test; or includes subjective considerations such as the subject’s age and status as a special education student.

Scotusblog page

The nub of the lower court holding:

 …

Docket

Decision below (S.C. supreme court)

Questions Presented (courtesy, Scotusblog):

1) Whether an indigent defendant has a constitutional right to appointed counsel at a civil contempt proceeding that results in his incarceration; and 2) whether the Court has jurisdiction to review the decision of the South Carolina Supreme Court.

Cert petition

Scotusblog page

Turner got 12 months in jail for civil contempt for willful failure to pay child support (remedial contempt,

Docket

Decision below (CTA11)

Question Presented (from cert petition):

Whether the good-faith exception to the exclusionary rule applies to a search authorized by precedent at the time of the search that is subsequently ruled unconstitutional.

Cert petition

Scotusblog page

Fall-out from the Court’s decision in Arizona v. Gant, 556 U.S.