Lindh v. Murphy

Last updated
Lindh v. Murphy
Seal of the United States Supreme Court.svg
Argued April 14, 1997
Decided June 23, 1997
Full case nameAaron Lindh v. Murphy, Warden
Citations521 U.S. 320 ( more )
117 S. Ct. 2059; 138 L. Ed. 2d 481
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens  · Sandra Day O'Connor
Antonin Scalia  · Anthony Kennedy
David Souter  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Case opinions
MajoritySouter, joined by Stevens, O'Connor, Ginsburg, Breyer
DissentRehnquist, joined by Scalia, Kennedy, Thomas
Laws applied
Antiterrorism and Effective Death Penalty Act of 1996

Lindh v. Murphy, 521 U.S. 320 (1997), was a United States Supreme Court case in which the Court held the Antiterrorism and Effective Death Penalty Act of 1996's amendments to Title 28, Section 2254 of the United States Code applies to cases filed after the Act's effective date. [1] The amendments "do not apply to pending noncapital cases such as Lindh's." [1]

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about one hundred to one hundred fifty of the more than seven thousand cases that it is asked to review.

Antiterrorism and Effective Death Penalty Act of 1996 United States law

The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, is an act of the United States Congress signed into law on April 24, 1996. The bill was introduced by then-Senate Majority Leader Bob Dole and passed with broad bipartisan support by Congress following the 1993 World Trade Center bombing and the 1995 Oklahoma City bombing. It was signed into law by President Bill Clinton.

United States Code official compilation and codification of the United States federal laws

The Code of Laws of the United States of America is the official compilation and codification of the general and permanent federal statutes of the United States. It contains 53 titles. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. The official version of those laws not codified in the United States Code can be found in United States Statutes at Large.

In his dissent, Chief Justice William Rehnquist argues that "in light of the whole of our retroactivity jurisprudence," pending cases should be subject to the Antiterrorism and Effective Death Penalty Act of 1996's amendments. [1]

Chief Justice of the United States senior justice of the Supreme Court of the United States

The Chief Justice of the United States is the chief judge of the Supreme Court of the United States, and as such the highest-ranking judge of the federal judiciary. Article II, Section 2, Clause 2 of the Constitution grants plenary power to the President of the United States to nominate, and with the advice and consent of the United States Senate, appoint a chief justice, who serves until they resign, are impeached and convicted, retire, or die.

William Rehnquist Chief Justice of the United States

William Hubbs Rehnquist was an American lawyer and jurist who served on the Supreme Court of the United States for 33 years, first as an Associate Justice from 1972 to 1986, and then as the 16th Chief Justice of the United States from 1986 until his death in 2005. Considered a conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the court, for the first time since the 1930s, struck down an act of Congress as exceeding its power under the Commerce Clause.

Related Research Articles

City of Boerne v. Flores, 521 U.S. 507 (1997), was a United States Supreme Court case concerning the scope of Congress's enforcement power under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.

Printz v. United States, 521 U.S. 898 (1997), was a United States Supreme Court case in which the Court held that certain interim provisions of the Brady Handgun Violence Prevention Act violated the Tenth Amendment to the United States Constitution.

Washington v. Glucksberg, 521 U.S. 702 (1997), was a landmark case in which the Supreme Court of the United States unanimously held that a right to assisted suicide in the United States was not protected by the Due Process Clause.

2006 term per curiam opinions of the Supreme Court of the United States

The Supreme Court of the United States handed down eight per curiam opinions during its 2006 term, which began October 2, 2006 and concluded September 30, 2007.

Immigration and Naturalization Service v. St. Cyr, 533 U.S. 289 (2001), is a United States Supreme Court case involving habeas corpus and INA § 212(c) relief for deportable aliens.

Stewart v. Martinez-Villareal, 523 U.S. 637 (1998), was a decision by the United States Supreme Court, which held that 28 U.S.C. § 2244(b) did not apply to a petition that raises only a competency to be executed claim and that respondent did not, therefore, need authorization to file his petition in the District Court.

Artuz v. Bennett, 531 U.S. 4 (2000), was a United States Supreme Court case decided in 2000. The case concerned whether a habeas corpus petition tolled for time under the Antiterrorism and Effective Death Penalty Act of 1996 when certain state claims are still pending. The Court held that it did not.

Penry v. Johnson, 532 U.S. 782 (2001), is a United States Supreme Court case which concerned whether instructions given to a Texas jury were constitutionally adequate to emphasize the mitigating factors in sentencing of mental retardation. The Texas courts had determined the sentencing instructions were consistent with prior Supreme Court jurisprudence, but the Court in a divided decision reversed, finding the sentencing instructions insufficient. This was the second time Penry's case made it to the Supreme Court.

Torture Victim Protection Act of 1991

The Torture Victim Protection Act of 1991 is a statute that allows for the filing of civil suits in the United States against individuals who, acting in an official capacity for any foreign nation, committed torture and/or extrajudicial killing. The statute requires a plaintiff to show exhaustion of local remedies in the location of the crime, to the extent that such remedies are "adequate and available." Plaintiffs may be U.S. citizens or non-U.S. citizens.

2011 term per curiam opinions of the Supreme Court of the United States

The Supreme Court of the United States handed down thirteen per curiam opinions during its 2011 term, which began October 3, 2011 and concluded September 30, 2012.

2014 term per curiam opinions of the Supreme Court of the United States

The Supreme Court of the United States handed down eight per curiam opinions during its 2014 term, which began October 6, 2014 and concluded October 4, 2015.

McQuiggin v. Perkins, 569 U.S. 383 (2013), was a United States Supreme Court case in which the Court held that actual innocence, if proven, is sufficient to circumvent the one-year statute of limitations for petitioners to appeal their conviction enacted within the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).

Johnson v. United States may refer to the following opinions of the Supreme Court of the United States:

2015 term per curiam opinions of the Supreme Court of the United States

The Supreme Court of the United States handed down eighteen per curiam opinions during its 2015 term, which began October 5, 2015 and concluded October 2, 2016.

Davis v. Ayala, 576 U.S. ___ (2015), was a case in which the Supreme Court of the United States upheld a death sentence of a Hispanic defendant despite the fact that all Blacks and Hispanics were rejected from the jury during the defendant's trial. The case involved a habeas corpus petition submitted by Hector Ayala, who was arrested and tried in the late 1980s for the alleged murder of three individuals during an attempted robbery of an automobile body shop in San Diego, California in April 1985. At trial, the prosecution used peremptory challenges to strike all Black and Hispanic jurors who were available for jury service. The trial court judge allowed the prosecution to explain the basis for the peremptory challenges outside the presence of Ayala's counsel, "so as not to disclose trial strategy". Ayala was ultimately sentenced to death, but he filed several appeals challenging the constitutionality of the trial court's decision to exclude his counsel from the hearings.

In the most common types of habeas corpus proceedings in the United States federal courts, a certificate of appealability is a legal document that must be issued before a petitioner may appeal from a denial of the writ. The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional right."

Slack v. McDaniel, 529 U.S. 473 (2000), was a United States Supreme Court case in which the Court held that under the Antiterrorism and Effective Death Penalty Act of 1996, a certificate of appealability must be issued by a circuit Justice of judge before an appeal can proceed. The certificate of appealability (COA) may only be issued if the applicant "has made a substantial showing of the denial of a constitutional right."

References

  1. 1 2 3 Lindh v. Murphy, 521 U.S. 320 (1997).
<i>United States Reports</i> official record of the rulings, orders, case tables, and other proceedings of the Supreme Court of the United States

The United States Reports are the official record of the rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings of the Supreme Court of the United States. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.