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Criminal Law

: Sentencing Law and Policy

"Classic" split 5-4 SCOTUS ruling in reversal of Sixth Circuit habeas grant

By Douglas A. Berman

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In a ruling that covers Miranda and IAC issues, the Supreme Court this morning has reversed the Sixth Circuit yet again in is Berghuis v. Thompkins, No. 08-1470 (S. Ct. June 1, 2010) (available here). The ruling is a "classic" 5-4 split with the majority opinion written by Justice Kennedy, and with Justice Sotomayor filing the chief dissent joined by Justices Stevens, Ginsburg, and Breyer. The discussion of ineffective assistance of counsel issues, as well as application of AEDPA review of a state conviction, makes this Thompkins ruling significant even for those not focused on the main Miranda issue that divides the (so-called) conservatives and liberals in this ruling. As my post title hints, the vote break-down in this Thompkins ruling (as well as the much different vote break-down in today's Carr opinion noted here) confirms my impression that the "classic" 5-4 split votes in SCOTUS criminal justice cases emerges principally when the Court is reviewing habeas decisions reviewing state convictions...continue to full post

Full post as published by Sentencing Law and Policy on June 01, 2010 (boomark / email).