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Decided

Cullen v. Pinholster

Docket No.09-1088
Op. Below9th Circuit
ArgumentNov 9, 2010

Holding

Review under the federal habeas law is limited to the record that was before the state court which ruled on the claim on the merits. Moreover, on the record that was before the state court, Pinholster was not entitled to federal habeas relief.

Plain English Holding

When an inmate challenges his state death sentence on the grounds that his trial counsel was ineffective in failing to present adequate mitigating evidence, a federal habeas court may only consider the evidence the inmate presented in support of that claim in the state courts. The Ninth Circuit erred in concluding that, on the basis of the state record alone, the inmate was entitled to habeas relief on his ineffective assistance of counsel claim.

Judgment

Reversed, 7-2, in an opinion by Clarence Thomas on Apr 4, 2011. The Chief Justice and Justices Scalia and Kennedy joined the decision in full; Justice Alito joined the decision as to all but Part II of the Court’s opinion; Justice Breyer joined the decision as to Parts I and II, and Justices Ginsburg and Kagan joined the decision as to Part II. Justice Alito filed a separate opinion concurring in part and concurring in the judgment; Justice Breyer also filed a separate opinion concurring in part and dissenting in part. Justice Sotomayor filed a dissenting opinion, which Justices Ginsburg and Kagan joined in part.

Proceedings & orders timeline

Mar 9, 2010
Petition for a writ of certiorari filed. (Response due April 12, 2010)
Mar 9, 2010
Appendix of Vincent Cullen, Acting Warden filed.
Mar 31, 2010
Order extending time to file response to petition to and including May 12, 2010.
May 12, 2010
Brief of respondent Scott Lynn Pinholster in opposition and appendix filed.
May 12, 2010
Motion for leave to proceed in forma pauperis filed by respondent.
May 24, 2010
Reply of petitioner Vincent Cullen, Acting, Warden filed. (Distributed)
May 25, 2010
DISTRIBUTED for Conference of June 10, 2010.
Jun 14, 2010
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 14, 2010
Petition GRANTED.
Jul 22, 2010
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including August 9, 2010.
Aug 9, 2010
Brief of petitioner Vincent Cullen, Acting, Warden filed.
Aug 9, 2010
Joint appendix filed. (Statement of costs filed)
Aug 16, 2010
CIRCULATED.
Aug 16, 2010
Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Aug 16, 2010
Brief amici curiae of Pennsylvania, et al. filed. (Distributed).
Aug 24, 2010
SET FOR ARGUMENT Tuesday, November 9, 2010.
Aug 30, 2010
The time within which to file respondent's brief on the merits is extended to and including September 20, 2010. (Distributed)
Sep 2, 2010
Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Sep 10, 2010
Record received from U.S.D.C. for Central District of California. (8 boxes)
Sep 20, 2010
Brief of respondent Scott Lynn Pinholster filed. (Distributed)
Sep 24, 2010
Brief amicus curiae of American Civil Liberties Union filed. (Distributed)
Sep 27, 2010
Brief amicus curiae of Disability Rights Legal Center filed. (Distributed)
Oct 20, 2010
Reply of petitioner Vincent Cullen, Acting, Warden filed. (Distributed)
Oct 28, 2010
Additional record received from U.S.C.A. for 9th Circuit. (1 box)
Nov 9, 2010
Argued. For petitioner: James W. Bilderback, II, Supervising Deputy Attorney General, Los Angeles, Cal. For respondent: Sean K. Kennedy, Federal Public Defender, Los Angeles, Cal.
Apr 4, 2011
Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia and Kennedy, JJ., joined in full; in which Alito, J., joined as to all but Part II, in which Breyer, J., joined as to Parts I and II; and in which Ginsburg and Kagan, JJ., joined as to Part II. Alito, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed an opinion concurring in part and dissenting in part. Sotomayor, J.,. filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined as to Part II.
Apr 28, 2011
Petition for Rehearing filed.
May 10, 2011
DISTRIBUTED for Conference of May 26, 2011.
May 31, 2011
Rehearing DENIED.
May 31, 2011
JUDGMENT ISSUED.
Jun 2, 2011
Record returned to U.S.C.A. for 9th Circuit.
Jun 2, 2011
Record returned to U.S. D.C. for the Central District of California.

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