Duncan v. Owens (14-1516)

argument 14-1516

Duncan v. Owens

Supreme Court of the United States 58 min 5 speakers 8 chapters transcribed 5 days ago official recording ↗
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What is the central due‑process question raised in Duncan v. Owens?

John G. Roberts 0:01
We'll hear argument next in case fourteen, fifteen, sixteen, uh Duncan versus Owens. Ms. Shapiro?
Sri Shapiro 0:08
Mr Chief Justice, and may it please the Court. The Seventh Circuit in this case violated EDPA when it granted habeas relief to respondent. In the absence of precedent from this court clearly establishing
Elena Kagan 0:27
Let's assume the judge said instead of what he said. So make the assumption my way. I don't know if the witnesses are telling the truth or not. but I believe he's guilty. I'm not sure about their credibility. But I believe he's guilty because he w wanted to get rid of this guy. because of a b uh drug deal gone bad. Would that
Sri Shapiro 0:53
violate due process? It would violate due process if the judge did not find the element the the the that the evidence uh provided by the state proved the elements beyond a reasonable doubt. But it would does not violate due process or at least it is not clearly established that it would violate due process. For the finder of fact to speculate. about a non element of the crime. Where
Unknown 1:16
it is where the finder of fact does not disavow or otherwise Well, this isn't speculation. The judge said
Elena Kagan 1:23
Um who Larry Owens knew he was a drug dealer. Larry Owens wanted to knock him off I think the state's evidence has proved that fact. finding of guilty of murder. proved that Larry Owens wanted to knock him off.
Sri Shapiro 1:41
State's evidence did establish that Larry Owens wanted to knock him off because the state's evidence established that Larry Owens approached him and hit him over the head with a baseball bat several times.
Anthony M. Kennedy 1:51
Sorry, Mr. Shapiro, could I could I take you back? Because I just didn't understand and I'm sure it was me. the the answer that you gave to Justice Sotomayor's first question. And I think it's important because it focuses on what the actual issue is here. how much is at issue between the parties. If you had a judge That said I don't think the evidence is up to snuff here. And then said the thing that takes me over the line is what I think about the defendant's motive. And that's what allows me to say that the defendant is guilty. And that had not been proved. That had the state had never offered that into evidence. It really just came out of the judge's head for whatever reason, right? Do you think that that would be a due process violation?
Sri Shapiro 2:42
Well I think it would first depend somewhat on if on habeas review on how the state Pellet Court or Supreme Court interpreted the record and interpreted what the judge had said. If the state appellate court interpreted what the judge had said so that the judge was saying he did not believe that the evidence prov produced by the state proved the elements beyond a reasonable doubt. That would be a windship error or a Jackson error. uh which is not a respondent's claim here. If the state appellate court uh read the record, interpreted the what the trial court said differently and thought that the trial court uh did think that the pr that the evidence was sufficient. But was Tying it together. uh by trying to tell a story that made sense to himself.
Sri Shapiro 3:29
then it would not violate it's
Anthony M. Kennedy 3:31
okay. But then so the first alternative that you gave and you said it's not uh the claim here, but I would have thought it was the claim here, because You there is obviously a dispute about how to read these words and we can talk about the how to read these words, right? But once you say, as I think you said, and I think you properly said, Um Look, if what the the judge's various comments on motive. was basically taking him over the line was that that was the basis for the verdict of guilty, that he didn't think that all the evidence the other evidence was enough. and that that was crucial to his finding. Then, if I understand you right You would say that's a due process violation, because at that point.
Anthony M. Kennedy 4:19
The verdict of guilty is based on evidence that was never presented.
Sri Shapiro 4:24
If the if the judge found that the elements had not been proven beyond a reasonable doubt.
Anthony M. Kennedy 4:29
Well the judge is just saying it's not you know, this is not enough and it's necessary for me to think about motive as the missing piece.

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