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Sup. Ct. Takes Arizona Habeas Case

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SCOTUSblog reports here that the Supreme Court has granted Arizona's petition in the case of Schriro v. Landrigan, No. 05-1575. There are now five Ninth Circuit habeas cases on the argument docket: Belmontes, Musladin, Bockting, Burton, and Landrigan. All except Burton are cases where the state petitioned on the ground that the Ninth exceeded the limits on federal habeas review -- either the anti-retroactivity rule of Teague v. Lane, 489 U.S. 288 (1989), the deference standard enacted by Congress in 1996, 28 U.S.C. 2254(d), or both. Arizona's cert. petition in Landrigan is here. Landrigan claimed ineffective assistance in the penalty phase of his capital case, in which he actively opposed counsel's efforts to put on a case in mitigation. This claim was rejected by the Arizona courts, the federal district court, and a unanimous three-judge panel of the Ninth Circuit, but the court en banc reversed and remanded for an evidentiary hearing.

2 Comments

The Arizona AG certainly pulls no punches in its brief.

This does continue a trend to reign back the "wildly liberal pro-defendant" 9th circuit, unfortunately. Have you guys seen this article yet?

http://www.usavoice.org/NEWS/Article.cfm?ID=1134&CID=16&T=The%20Supreme%20Court,%20the%20Iraq%20War%20and%20Hamdan

I think a lot of people have been looking at it.

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