Section 2254

In a per curiam order, the Supreme Court vacated and remanded an Eleventh Circuit order affirming denial of a defendant’s federal habeas petition based on a Giglio/Brady violation. The prosecution had failed to disclose impeachment materials relating to a jailhouse informant, and the Eleventh Circuit erred by holding that post-trial DNA testing made the Brady violation harmless. The Court held that the focus should be only on what evidence existed at the time of the verdict and whether the claimed Brady violation affected the verdict.

In a 5-4 opinion, the Court held that the defendant was entitled to habeas relief based on a jury selection issue under Batson v. Kentucky. The trial court did not allow the defense to argue that the prosecutor’s “race-neutral” explanations for striking 4 of 5 black jurors were pre-textual (the “third step” of the Batson analysis), and the state appellate courts erroneously held that the defense had failed to preserve that issue.

In a 6-3 opinion, the majority reinforced that a petitioner cannot file a second or subsequent motion to vacate a sentence under 28 USC 2255 unless they can show “newly discovered evidence” or a “new rule of constitutional law.” Even though a majority of circuits had held that the “savings clause” under 2255(e) creates an additional exception when the available options are “inadequate or ineffective to test the legality of his detention,” the Court held that this exception did not apply to second or subsequent motions.

The Eighth Circuit affirmed a district court’s denial of a defendant’s 2254 motion which had been based on the defendant not being present when certain jurors were stricken off-the-record and before jury selection began. The Court reasoned that the claim was barred by defendant’s failure to raise it earlier, despite the fact that the records regarding the jury selection had been separately held by the clerk and not transmitted with the record during the prior direct appeal.

In a 5-4 opinion, the Supreme Court held that federal district courts do not have the authority under the All Writs Act to issue a transportation order for a prisoner held in state custody so the prisoner may search for exonerating evidence in an evidentiary hearing. To issue such an order, an inmate petitioner must make a showing that the evidence is admissible and supports one of their possible habeas claims. The decision limits district courts’ ability to develop and consider new evidence in Habeas cases.

In a 6-3 opinion, the Supreme Court held that there is no right to counsel in state post-conviction proceedings and, as such, a petitioner’s ineffective assistance claim must be evident on the face of the state court record, rather than developed through an evidentiary hearing.

In a 6-3 decision, the Supreme Court held that a federal court reviewing a state court’s denial of a habeas petition must apply the standards set forth under AEDPA and the Supreme Court’s holding in Brecht v. Abrahamson, where the Court held that a state prisoner must show that an error had a “substantial and injurious effect or influence” on his trial. AEDPA, on the other hand, sets forth a standard that is more difficult to meet–the state prisoner must show that the state court’s judgment was “contrary to” or an “unreasonable application” of “clearly established federal law.”

Accordingly, state prisoners challenging their convictions in federal court will not only have to show error or ineffective assistance of counsel at the trial level and error at the appellate level, they will also have to show prejudice under Brecht and that the appellate courts that affirmed the judgment did contrary to, or in an unreasonable application of, clearly established federal law.

The Seventh Circuit affirmed the district court’s order vacating the defendant’s conviction after the defendant argued that his due process rights were violated when he was visibly shackled and restrained in a wheelchair with a stun bracelet on his arm during his state trial. The Court held that, even if the restraints were necessary, there was no finding on the record that it was necessary for them to be visible, especially since the defendant’s alleged misconduct mostly took place outside the courtroom and involved “disrespectful” words and gestures outside the presence of the jury. The error was not harmless.

The Court vacated the defendant’s state law conviction for first degree murder. The defendant’s shackling during trial violated clearly established federal law and was not harmless since the evidence of first-degree premeditation was not overwhelming.

The Court affirmed the district court’s denial of the defendant’s habeas petition under § 2254. The defendant failed to show that the state court’s denial of Atkins claim of ineligibility for the death penalty due to intellectual disability or denial of his Batson claim were contrary to clearly established law or constituted an unreasonable determination of the facts. The Court also held that the requirement in Moore v. Texas that state courts consider prevailing medical standards in adjudicating Atkins claims was not retroactive under Teague.