Knowles v. Mirzayance

Amicus curiae brief of the National Association of Criminal Defense Lawyers.

Brief filed: 10/09/2008


Knowles v. Mirzayance

United States Supreme Court; Case No. 07-1315

Prior Decision

Case below unpublished (9th Cir. 05-57102)


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.

Featured Products


John H. Blume and Keir M. Weyble, Cornell Law School, Ithaca, NY.