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Cases The following is a list of cases decided recently in which CJLF participated.
Maples v. Thomas, No. 10-63
United States Supreme Court
Decision date: 1/18/2012
Loss
Maples v. Thomas: U. S. Supreme Court review of a convicted Alabama murderer’s claim that he is entitled to federal habeas corpus review of his case even though he missed the state deadline for requesting review. Cory Maples was convicted on strong evidence of the 1995 execution-style murders of two acquaintances and the theft of the car of one of the victims. In 1997 he was convicted on all charges and sentenced to death. After his conviction and sentence were upheld by the state court of appeals and supreme court, attorneys from a New York law firm representing Maples pro bono argued on state collateral review that his trial attorney had been ineffective. Prior to the state court’s ruling denying these claims, the attorneys who had appeared in the court quit the firm, and the firm failed to inform the court of the change of attorneys. As a result, Maples did not receive notice of the ruling, and he missed the state deadline for filing an appeal, which also prevented review of his claims on federal habeas corpus. CJLF has joined the case to argue that Supreme Court precedent makes it clear that criminals are not entitled to counsel for state collateral review or federal habeas corpus. While Maples pro bono lawyers certainly failed him, absent compelling evidence that he is innocent, the post-conviction review of his case should be over. The Court issued a narrow opinion holding that on the unusual facts of this case, the failings of the lawyers constitute cause for the default.
Perry v. New Hampshire, No. 10-8974
United States Supreme Court
Decision date: 1/11/2012
Win
Perry v. New Hampshire: U. S. Supreme Court review of a habitual thief's claim that his constitutional rights were violated by the admission of eyewitness testimony in his trial for burglarizing a car. On August 15, 2008, at 2:53 a.m., Barion Perry was caught in the parking lot of an apartment building carrying stereo equipment stolen from a nearby car. A woman, whose husband reported the crime, identified Perry as the man she saw break into a car in the well-lit parking lot and steal the equipment. Her husband also identified Perry as the man he had seen wandering around the lot looking into parked cars. At trial, Perry challenged the testimony of the woman arguing her identification of him was unreliable and therefore violated the 14th Amendment (the Due Process Clause) of the Constitution. The judge disagreed, the testimony was admitted, and Perry was convicted. Perry’s claims regarding his identification by the witness were later rejected by the New Hampshire Supreme Court on direct appeal. When the U. S. Supreme Court agreed to hear Perry’s appeal, CJLF joined the case to argue that, except in cases of police misconduct, the Constitution leaves rules governing the introduction of evidence to the states. A decision supporting the thief would have allowed criminals to waste years and millions in tax dollars with federal court challenges to eyewitnesses. The Supreme Court agreed with our position and affirmed the conviction by an 8-1 vote.
Davis v. United States, No. 09-11328
United States Supreme Court
Decision date: 6/16/2011
Win
Davis v. United States: U. S. Supreme Court decision rejecting a criminal’s claim that his conviction as an ex-felon in possession of a firearm was invalid because the police search that uncovered his gun violated the Exclusionary Rule. The gun was found in Willie Gene Davis’s jacket pocket during a search after a traffic stop. Davis had left his jacket in the car when police asked him to step out. While the search was legal at the time, during Davis’s appeal a new Supreme Court decision changed search rules to prohibit searching belongings left in a vehicle during a traffic stop. After the appeals court upheld Davis’s conviction because the police had followed the law at the time of the search, the Supreme Court agreed to hear his appeal. CJLF joined the case to encourage a decision finding that searches such as this one should fall under the “good faith” exception established by United States v. Leon, a high court decision CJLF helped win in 1984. The Court’s holding adopted that reasoning.
Brown v. Plata, No. 09-1233
United States Supreme Court
Decision date: 5/23/2011
Loss
Brown v. Plata: U. S. Supreme Court ruling upholding the January 2010 order by a panel of three federal judges that requires California to lower its prison population by 27% (currently 33,500 inmates), within two years to remedy overcrowding, which was determined to violate inmates’ constitutional rights. CJLF had joined the case to argue that the release order was invalid because the selection of three notorious pro-defendant judges as panel members by the Chief Judge of the Ninth Circuit guaranteed the result, and that once on the panel, the judges manipulated the process to prevent any objective review of the inmates’ claims.
Cullen v. Pinholster, No. 06-35669
United States Supreme Court
Decision date: 4/4/2011
Win
Cullen v. Pinholster: 4/4/11. U. S. Supreme Court decision utilizing CJLF arguments to reinstate the death sentence of a habitual criminal who killed a man during a home burglary in Los Angeles. In 1984, Scott Pinholster was convicted on strong evidence, including his own incriminating statements, and sentenced to death. Over the next 25 years, six courts reviewed his claim that his defense attorney had failed to adequately present evidence of his mental health problems. In 2009, after a three-judge panel of the Ninth Circuit reviewing the case on habeas corpus rejected the claim, a larger en banc panel accepted it and overturned Pinholster’s death sentence. The en banc panel, after reviewing a third psychiatric evaluation not presented in state court, ruled that the California Supreme Court’s denial of Pinholster’s claim was unreasonable. CJLF joined the high court appeal of that ruling to argue that the Ninth Circuit violated federal law, which prohibits federal courts reviewing a state court decision on habeas corpus from considering evidence never presented to the state court. The court’s decision adopted that reasoning.
Tolentino v. New York, No. 09-11556
United States Supreme Court
Decision date: 3/29/2011
Draw
Tolentino v. New York: U. S. Supreme Court announcement that it would not reconsider a New York Court of Appeals decision which denied a defendant’s claim that police access to his criminal record during a traffic stop amounted to an illegal search. Last fall, the high court announced it would hear Jose Tolentino’s claim that because police illegally stopped his car for excessive noise in 2005, they could not introduce his record, which indicated that he was driving on a suspended license and had at least 10 prior suspensions. While the legality of the traffic stop was never determined, the New York court held that the government’s own records do not fall under the protection of the Exclusionary Rule and cannot be excluded from trial. Before the Supreme Court, CJLF argued that the rules governing traffic stops do not prevent police from learning a driver’s identity and checking his or her criminal record. After reviewing briefs and hearing oral argument, the Court determined that it would not disturb the lower court’s holding.
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