Monday, February 27, 2017

SCOTUS Cert Grant on Habeas Review of Unexplained State Court Decisions

Today the U.S. Supreme Court granted certiorari in Wilson v. Sellers, which presents the following question:

Did this Court's decision in Harrington v. Richter, 562 U.S. 86 (2011), silently abrogate the presumption set forth in Ylst v. Nunnemaker, 501 U.S. 797 (1991) - that a federal court sitting in habeas proceedings should "look through" a summary state court ruling to review the last reasoned decision - as a slim majority of the en banc Eleventh Circuit held in this case, despite the agreement of both parties that the Ylst presumption should continue to apply?

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.


Federal Courts, Recent Decisions, Supreme Court Cases | Permalink


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