Knowles v. Mirzayance
Brief Details
- Case No.: 07-1315
- Brief Filed: October 09, 2008
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
Prior Decision
Case below unpublished (9th Cir. 05-57102)
Argument(s)
28 U.S.C. § 2254(d) requires that a federal court decide whether a habeas petitioner’s federal claim was fully adjudicated “on the merits” in state court; it has never been applied, as in this case, to a summary, unexplained state court decision. Respondent’s trial counsel’s last-minute decision to forego his insanity defense was objectively unreasonable, and respondent’s ineffective assistance of counsel claim should prevail.
Author(s)
John H. Blume and Keir M. Weyble, Cornell Law School, Ithaca, NY.
