Harrington v. Richter (09-587)
argument 09-587Harrington v. Richter
Supreme Court of the United States
1h 0m
4 speakers
8 chapters
transcribed 4 days ago
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What is the central issue of Harrington v. Richter and why is the California Supreme Court’s “silent denial” important?
The Constitution of the United States will help you out.
You'll hear argument first this morning in case zero nine five eighty seven Harrington versus Richter. Mr. Colombo.
Mr Chief Justice, and may it please the court. The California Supreme Court's denial of respondents' ineffective counsel claim was entitled to the deferential review for reasonableness prescribed by twenty eight USC Section twenty two fifty four D. By its plain terms, nothing in twenty two hundred and fifty four D requires a State Court to render a reasoned or explained decision. nor is there anything in section twenty two fifty four D that would treat strickling claims differently from any other federal constitutional claim. Here, the Ninth Circuit failed to give the state court decision the proper deference, indeed double deference it was owed. Rather than applying this court's Cli proper and c excuse me, clearly established a strict one standard.
The Court of Appeals employed its own eccentric rule It essentially requires Council to always consult with and present expert testimony in every case in which the prosecution is a very important thing.
the California Court even reached that question because there was wasn't there uh a motion to deny uh review as as Wasn't there a time bar question raised?
There was a procedural bar that was argued in the informal opposition to the petition for rid of habeas corpus that had been requested by the California Supreme Court. It did not invoke that bar as a basis for denying relief. Under well
it's crap. It just said denied on on the merits uh and it's still not clear to me how to distinct pardon me. It just said denied. Yes. Uh it's still not clear to me how to distinguish that between deny and deny the merits. Do we say When there's a one line order, as in this case, where it says simply deny, That w it is presumptively on the merits? I mean how how do we interpret that?
Yes, in fact that is a a well settled and long established uh practice, local practice. It's well understood by not only the litigants but the the state and federal courts. uh of the Ninth Circuit. Dating back to the Ninth Circuit's nineteen seventy four decision in Harris versus Superior Court.
Yes. Use my formulation. What's what's the State's formulation?
The State's formulation is that the silent or so called summary d denial is on the merits unless the State Court indicates otherwise in the United States.
I mean some state could could could have a different rule, I I assume. You're you're telling us, however, that California has that rule.
Yes. And that rule again has been well established in the case. Well if
I'm on the California court and I have two choices. One is to say denied, no explanation, as this case. The other is to say denied on the merits. If I have those two options, uh Then why are they both on the merits?
Again, because it has certainly been well understood for at least three and a half decades that when the California Supreme Court renders a so called silent denial, that it is on the merits unless the court order
is and what is the uh the leading California authority on that proposition?
That would be N Ray Robbins, in which the Robbins case, okay. Yes, which is discussed in our brief as well as in the reply.
That you answered Justice Kennedy's question.
Sorry.
I don't know you answered his question. His question was if you can deny or den or deny it. on the merits. What's the difference between the two?
There really is no such
choices, so they have to have different meanings in some way.
I submit that there is no substantive distinction between an order that simply reflects denied versus one that reflects denied on the merits.
They showed us the docket for that day of the denial here. And there were different ones. If it's the same court taking Action. why would they choose one over the other for particular cases?
Well I submit that there could be any number of reasons, uh not the least of which this court addressed itself in Kerry versus Seffel just a couple of terms ago. The court recognized that sometimes the State Court may choose to include the phrase on the merits to give a reviewing court an alternative basis for understanding why relief was denied, or to let, for example, a a pro se petitioner
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Chapters
8 chapters
1
What is the central issue of Harrington v. Richter and why is the California Supreme Court’s “silent denial” important?
0:00–7:05
2
How do the parties argue whether a one‑line “denied” order is a merits decision or a procedural default?
7:05–14:16
3
Why does the Ninth Circuit’s precedent on “silent denial” matter for federal habeas review?
14:16–21:56
4
What role should expert witnesses (blood‑spatter, ballistics, forensic) have played in the defense’s strategy?
21:56–30:14
5
How does the Strickland ineffective‑assistance claim intersect with the lack of expert consultation?
30:14–38:16
6
What evidence exists about the blood‑pool, spatter pattern, and the victim’s location, and how does it affect credibility?
38:16–45:32
7
Why is the timeliness (procedural) bar contested, and how might it have been raised earlier?
45:32–52:52
8
What is the Supreme Court’s stance on deference to the California Supreme Court’s denial—merits or procedural?
52:52–1:00:50