In today's world, Premo v. Moore has become a topic of great relevance and interest to a large number of individuals and sectors. Since its emergence, Premo v. Moore has generated debates and controversies in different areas, and its impact continues to be the subject of study and analysis. In this article, we will delve into the fascinating world of Premo v. Moore, exploring its dimensions, implications and possible future developments. Through a detailed and rigorous analysis, we aim to shed light on this exciting and significant topic, offering the reader a deep and enriching vision of Premo v. Moore.
Premo v. Moore | |
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Argued October 12, 2010 Decided January 19, 2011 | |
Full case name | Jeff Premo, Superintendent, Oregon State Penitentiary v. Randy Joseph Moore |
Docket no. | 09-658 |
Citations | 562 U.S. 115 (more) 131 S. Ct. 733; 178 L. Ed. 2d 649; 2011 U.S. LEXIS 910; 79 U.S.L.W. 4038; 22 Fla. L. Weekly Fed. S 749 |
Case history | |
Prior | Defendant convicted, unreported, affirmed sub nom. State v. Moore, 951 P.2d 204 (Or. Ct. App. 1997), review denied, 943 P.2d 395 (Or. 1998); state petition for relief rejected, unreported, affirmed sub nom. Moore v. Palmateer, 26 P.2d 191 (Or. Ct. App. 2001), rev. denied, 30 P.3d 1184 (Or. 2001); petition for habeas relief denied sub nom. Moore v. Czerniak, CV-01-01795-AJB/JMS (D. Or.), reversed and remanded, 534 F.3d 1128 (9th Cir. 2008), opinion withdrawn and replaced with petitions for rehearing denied, 574 F.3d 1092 (9th Cir. 2009); certiorari granted sub nom. Premo v. Moore 559 U.S. ___ |
Holding | |
Ninth Circuit erred in finding that the state-court decision was an unreasonable application of either part of the Strickland rule. | |
Court membership | |
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Case opinions | |
Majority | Kennedy, joined by Roberts, Scalia, Thomas, Breyer, Alito, Sotomayor |
Concurrence | Ginsburg (in judgment) |
Kagan took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amends. V, VI |
Premo v. Moore, 562 U.S. 115 (2011), is a United States Supreme Court case involving the right of individuals to federal habeas corpus relief on state-law claims. In a unanimous ruling, the court held that habeas relief may not be granted with respect to any claim that a state-court has found on the merits unless the state-court decision denying relief involves an "unreasonable application" of "clearly established federal law, as determined by" the Court.
Respondent Moore and two accomplices attacked a man, tied him up, and threw him in the trunk of a car before driving into the Oregon countryside, where Moore fatally shot him. Afterwards, Moore and one accomplice told Moore's brother and the accomplice's girlfriend that they had intended to scare Rogers, but that Moore had accidentally shot him. Moore and the accomplice repeated this account to the police. On the advice of counsel, Moore agreed to plead no contest to felony murder in exchange for the minimum sentence for that offense. He later sought postconviction relief in state court, claiming that he had been denied effective assistance of counsel. Moore complained that his lawyer had not moved to suppress his confession to police in advance of the lawyer's advice that Moore considered before accepting the plea offer. The court concluded the suppression motion would have been fruitless in light of Moore's other admissible confession to two witnesses. Counsel gave that as his reason for not making the motion. He added that he had advised Moore that, because of the abuse Rogers suffered before the shooting, Moore could be charged with aggravated murder. That crime was punishable by death or life in prison without parole. These facts led the state court to conclude Moore had not established ineffective assistance of counsel under Strickland v. Washington (1984). Moore sought federal habeas relief, renewing his ineffective-assistance claim. The District Court denied the petition, but the Ninth Circuit reversed, holding that the state court's conclusion was an unreasonable application of clearly established law in light of Strickland and was contrary to Arizona v. Fulminante (1991).