Cullen v. Pinholster (09-1088)
argument 09-1088Cullen v. Pinholster
Supreme Court of the United States
1h 0m
5 speakers
8 chapters
transcribed 5 days ago
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What are the three main points the petitioner emphasizes in the Cullen v. Pinholster argument?
Your argument next in case zero nine ten eighty eight. Cullen versus pinholster. Builder back?
Mr Chief Justice, if may it please the court. There are three main points I wish to emphasize to the court this morning. First Because the California Supreme Court rejected Mr Pinholster's claim of ineffective assistance of counsel on its merits, Federal habeas corpus relief is unavailable. under twenty eight USC section twenty two fifty four D one, unless Mr Pinholster first met his burden of demonstrating that the state court rejection of his claim was unreasonable. He did not do that in this case. And thus the lower courts erred in granting habeas corpus relief. Second, because Mr Pinholster Never even alleged, let alone proved. that he could not have presented the factual basis upon which The Ninth Circuit predicated its decision to grant relief.
When he was in the state court. twenty two fifty four E two. should have been a barrier to the state court federal evidentiary hearing.
Could we just clarify What you mean by factual basis Um Oh to be precise. He didn't because he didn't present the expert opinion with a diagnosis. Or because the diagnosis was based on a series of facts. Um that to me appear to have been presented fully to the State Court. Is that correct? With the exception of the fact that the defence attorneys are only work six hours, the billing records. That I think that's the only underlying facts to the opinion that appear new, am I correct?
No, Your Honor. The diagnosis itself is a fact. All right. So we're only
talking about the expert opinion facts being new.
We there there are a number of facts that were new in in the Federal Court.
But besides the opinion, what were they?
Well well, as the Court adverted, there was also the notion that there was somehow a limited amount of time. Well he did
allege that in his petition before the State Court.
He did not allege six and a half hours, Your Honor.
Not specifically, but he said that his Counsel didn't prepare. And he pointed to the fact that Counsel basically said at the trial Um I didn't think we were going to have a mitigation hearing as proof of that, correct?
He he did point to that, Your Honor, but we would note that the the six and a half hour uh conclusion drawn by the Ninth Circuit and uh drawn by the district court is not fairly supported by the record. But putting that aside, the the principal fact that we are focusing on that we think is a new and significant change in the factual posture of the case. from the time he was in state court to the time that he was in federal court. is the diagnosis of organic brain damage by the expert. which is not simply the opinion of the expert, but a question of material fact that was relied upon by the Ninth Circuit in its decision to grant relief. The failure to ever tell the California Supreme Court. That petitioner has organic brain damage.
and the centrality of that factual determination on the Ninth Circuit's decision making. is Well a a substantial difference between the facts upon which the state with which the State Court was presented and the facts The ninth circuit. granted, uh rested its decision to grant relief.
Mr. Bilderbach, I know that that's the principal fact that you rely upon that there's a difference, but could you give us a full catalog of the the facts that are different in the the the federal court record from the facts that are different in the state court record? Is there anything other than the medical testimony and the bill in sheets or is that the extent of it?
Th those those are those are the significant facts that we think are are relevant to to the discussion of whether or not the State Court determination should be or could properly be found to have been unreasonable was was the difference in the specificity of the of the nature of the claim of deficient performance in terms of the the timesheet.
What what about Doctor s well Doctor Stolberg's new deposition? Doesn't that count as a new fact? I'm looking at your brief on page eleven at a deposition just before
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Chapters
8 chapters
1
What are the three main points the petitioner emphasizes in the Cullen v. Pinholster argument?
0:03–6:16
2
How does the introduction of an organic brain‑damage diagnosis affect the Ninth Circuit’s grant of relief?
6:16–13:49
3
What role do the billing records and the alleged six‑and‑a‑half hour preparation time play in the habeas claim?
13:49–22:40
4
How do statutory subdivisions D1 and D2 limit federal review of state‑court factual determinations?
22:40–30:44
5
When is a claim considered exhausted or procedurally barred from federal review?
30:44–38:27
6
When does newly discovered evidence create a new claim under the EDPA framework?
38:27–46:51
7
Is a federal evidentiary hearing required before the Court can analyze a D1 determination?
46:51–54:20
8
What was the Court’s final decision and the next procedural step in Cullen v. Pinholster?
54:20–1:01:05