US Supreme Court grants cert. on a Nevada case

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The United States Supreme Court has granted certiorari to the Ninth Circuit in a federal habeas corpus case concerning a Nevada conviction.  The questions presented in the State's petition are:

1.  What is the standard of review for a federal habeas court for analyzing a sufficiency-of-the evidence claim under the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA)?

2.  Does analysis of a sufficiency-of-the-evidence claim pursuant to Jackson v. Virginia, 443 US 307, 318-19 (1979), under 28 USC 2254(d)(1) permit a federal habeas court to expland the record or consider non-record evidence to determine the reliability of testimony and evidence given at trial?

The Ninth Circuit's opinion  and the brief in opposition are available.  Paul Turner at the Federal Public Defender's Office represents Troy Brown.  The Ninth Circuit affirmed a ruling by Judge Pro that there was insufficient evidence to support a sexual assault conviction against Troy Brown for murder.  False DNA testimony was provided to the jury and the State conceded that there was insufficient evidence to sustain the conviction without the false testimony.  At issue is a statistical analysis that was submitted in the federal court proceedings that was submitted as a supplement to a claim raised in state court.

The Court also granted certiorari in Mohawk Industries v. Carpenter (whether a party may immediately appeal a discovery order to disclose materials said to be covered by the attorney-client privilege) and Maryland v. Shatzer (whether Edwards v. Arizona, which bars police from initiating questioning with criminal suspects who have invoked their right to counsel, applies to an interrogation that takes place nearly three years later).  Scotusblog provides links to the lower court opinions, petitions and briefs in opposition in those cases. 

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This page contains a single entry by JoNell published on January 26, 2009 8:43 AM.

US Supreme Court issues opinions was the previous entry in this blog.

Nevada Supreme Court oral arguments: Feb 2 and 3. is the next entry in this blog.

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