Petition of the day
The petition of the day is:
Ryan v. James
Issue(s): Whether the Ninth Circuit’s panel opinion conflicts with the Anti-Terrorism and Effective Death Penalty Act (AEDPA) and this Court's decisions in Harrington v. Richter, and Cullen v. Pinholster insofar as it (a) treated AEDPA’s deferential standard as a waivable defense, rather than an inherent restriction on a federal court’s authority, (b) refused to find that the state post-conviction (PCR) court issued a merits ruling on respondent’s ineffective-assistance-of-counsel claim, when the state court expressly ruled that none of respondent’s PCR claims were colorable, and (c) considered evidence presented for the first time in federal court to grant habeas relief.
Certiorari stage documents:
Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Aug. 31, 2012, 11:11 PM), http://www.scotusblog.com/2012/08/petition-of-the-day-326/