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Cullen Vs. Pinholster

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  • US Supreme Court
  • Apr 04, 2011

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  11. Syllabus October Term, 2010 Cullen V. Pinholster
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  12. claims first to state courts. Robinson v. Shell
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  13. d)(1) review focuses on what a state court knew and did. See, e.g., Lockyer v. Andrade
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  14. Moreover, it is consistent with Schriro v. Landrigan
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  15. s limitations. The Ninth Circuit wrongly interpreted Williams v. Taylor
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  16. U. S. 420 , and Holland v. Jackson
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  17. b) Strickland v. Washington
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  18. Because this Court did not apply AEDPA deference to the question of prejudice in Williams v. Taylor
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  19. U. S. 362 , and Rompilla v. Beard
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  20. part. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined as to Part II. Cullen v. Pinholster
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  21. Opinion of the Court Cullen V. Pinholster
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  22. Supreme Court of the United States No. 09-1088 Vincent Cullen, Acting Warden, Petitioner V. Scott
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  23. at the penalty phase of trial. Sitting en banc, the Court of Appeals for the Ninth Circuit affirmed. Pinholster v. Ayers
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  24. on each of the two murder counts. On mandatory appeal, the California Supreme Court affirmed the judgment. People v. Pinholster
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  25. App. to Pet. for Cert. 262. After Woodford v. Garceau
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  26. not alter its conclusion. Over a dissent, a panel of the Court of Appeals for the Ninth Circuit reversed. Pinholster v. Ayers
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  27. evidence into account, the en banc court determined that the California Supreme Court unreasonably applied Strickland v. Washington
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  28. claims first to the state courts. Robinson v. Shell
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  29. that were before the state court. Williams v. Taylor
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  30. Our recent decision in Schriro v. Landrigan
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  31. internal quotation marks omitted)). The Court of Appeals wrongly interpreted Williams v. Taylor
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  32. reliance on Holland v. Jackson
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  33. meet that high threshold. B There is no dispute that the clearly established federal law here is Strickland v. Washington
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  34. slip op., at 11) (citing Yarborough v. Gentry
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  35. ibid. (quoting Wiggins v. Smith
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  36. slip op., at 15) (quoting Padilla v. Kentucky
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  37. with his psychiatric report, Pinholster would have opened the door to rebuttal by a state expert. See, e.g., Wong v. Belmontes
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  38. clearly mitigating, as the jury might have concluded that Pinholster was simply beyond rehabilitation. Cf. Atkins v. Virginia
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  39. from Terry Williams and Rompilla v. Beard
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  40. d), from receiving an evidentiary hearing. Footnote 6 In Bradshaw v. Richey
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  41. assumes the allegations in the petition to be true, but does not accept wholly conclusory allegations, People v. Duvall
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  42. Terry Williams , 529 U. S. 362 , 391 (2000) (quoting Wright v. West
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  43. d) has been satisfied. Cullen v. Pinholster
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  44. Williams v. Taylor
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  45. e)(2)(B). Even when the petitioner does satisfy the diligence standard adopted in Williams v. Taylor
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  46. a hearing in certain situations, but it does not mean that a hearing is allowed in all other situations. See Schriro v. Landrigan
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  47. en banc decision, see Pinholster v. Ayers
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  48. reasonable application of clearly established Supreme Court precedent in light of the state-court record. Cullen v. Pinholster
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  49. Sotomayor, J., Dissenting Cullen V. Pinholster
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  50. Robinson v. Shell
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