Knowles v. Mirzayance

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

Brief filed: 10/09/2008

Documents

Knowles v. Mirzayance

United States Supreme Court; Case No. 07-1315

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Case below unpublished (9th Cir. 05-57102)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

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Author(s)

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