It has not been so much as endorsed in a majority opinion, let alone relied on as a basis for granting habeas relief. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. L. Rev. The appropriate time to consider, as a matter of first impression, whether Carter, Estelle, and Mitchell require a penalty-phase no-adverse-inference instruction would be on direct review, not in a habeas case governed by §2254(d). In so doing, it disregarded the limitations of 28 U. S. C. §2254(d)—a provision of law that some federal judges find too confining, but that all federal judges must obey. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Alito, and Kagan, JJ., joined. Laurence E. Komp, Esquire, of Manchester, Missouri, is appointed to serve as counsel for the respondent in this case. 31 (emphasis added). It is not before us, and we express no view on it.” 526 U. S., at 330. 12–794. Sign up for a free 7-day trial and ask it. It is not before us, and we express no view on it.” Ibid.[3]. The reason that Estelle concluded that the Fifth Amendment applies to the penalty phase of a capital trial is that the Court saw “no basis to distinguish between the guilt and penalty phases of [a defendant’s] capital murder trial so far as the protection of the Fifth Amendment privilege is concerned.” 451 U. S., at 462–463. And reading Mitchell to rein in the law in contemplation of never-before-recognized exceptions to this normal rule would be an unreasonable retraction of clearly established law, not a proper failure to “extend” it. In its view, “reading Carter, Estelle, and Mitchell together, the only reasonable conclusion is that” a no-adverse-inference instruction was required at the penalty phase. 451 U. S. 454 The Court of Appeals held, however, that the “Kentucky Supreme Court’s denial of this constitutional claim was an unreasonable application of” those cases. , we have not revisited the issue since Williams and Ramdass. 570 U. S. ___ (2013). Ibid.[2]. L. Rev. . If the Court holds in Case A that the

We refused: “We decline to adopt an exception for the sentencing phase of a criminal case with regard to factual determinations respecting the circumstances and details of the crime.” Ibid. Fifth Amendment applies equally to the guilt and penalty phases was mere dictum. Indeed, it appears in a passage responding to the State’s argument that the defendant “was not entitled to the protection of the First Amendment as to the States, then it is clear that the Sentencing proceedings, particularly capital sentencing proceedings, often focus on factual matters that do not directly concern facts of the crime. Case No. (b) Respondent contends that the state court was unreasonable in refusing to extend a governing legal principle to a context in which it should have controlled, but this Court has never adopted such a rule. Respondent brutally raped, slashed with a box cutter, and drowned a 16-year-old high-school student.

We denied respondent’s petition for a writ of certiorari from that direct appeal. for Cert. Justice Scalia has our opinion this morning in case 12-794, White versus Woodall. The Court held that “so far as the protection of the Fifth Amendment privilege is concerned,” it could “discern no basis to distinguish between the guilt and penalty phases” of a defendant’s “capital murder trial.” 451 U. S., at 462–463. Fish and Wildlife Service v. Sierra Club (19-547), Salinas v. U.S. Railroad Retirement Bd. DISTRIBUTED for Conference of June 6, 2013. NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.See United States v. Detroit Timber & Lumber Co., Robert Woodall (defendant) pled guilty to the murder, rape, and kidnapping of a 16-year-old girl. 532 U. S. 782, Unlock this case brief with a free (no-commitment) trial membership of Quimbee. reversed and remanded, affirmed, etc. Second, regardless of the scope of respondent’s proposed instruction, any inferences that could have been drawn from respondent’s silence would arguably fall within the class of inferences as to which Mitchell leaves the door open. Brief of Amicus Curiae the National Association of Criminal Defense Lawyers Supporting Respondent. –76. See 530 U. S., at 178–181.

Respondent pleaded guilty to all of the charges he faced, including the applicable aggravating circumstances. In holding that the Kentucky courts did not unreasonably apply clearly established law, the majority declares that if a court must “extend” the rationale of a case in  order to apply it, the rationale is not clearly established.

Further investigation revealed that respondent’s “fingerprints were on the van the victim was driving,” “[b]lood was found on [respondent’s] front door,” “[b]lood on his clothing and sweatshirt was consistent with the blood of the victim,” and “DNA on . When the Court merely reserves a question that is “not before us” for a future case, we do not cast doubt on legal principles that are already clearly established. During the sentencing phase, Woodall declined to testify. I do not understand the majority to suggest that reading two legal principles together would necessarily “extend” the law, which would be a proposition entirely inconsistent with our case law. 14-3 Misdemeanor Sentencing Enhancement, Providing Jury Instructions Prior to Voir Dire, Prospect of Release from Civil Commitment, Deadlock, Coerced Verdict & Related Issues, Request for Transcripts & Exhibits & Related Issues, Jury Misconduct & Improper Contact with Jurors, “Overinstructing”—Charging Element Not Required By Law, Defendant’s False, Contradictory, or Conflicting Statements, Irick Rule Regarding Fingerprint Evidence, Seeking Expunction When Not Included in Plea Agreement, When Sentence Not in Accord With Plea Agreement, When Charge in or Term of Agreement Later Held Unconstitutional/Invalid, When Agreed-Upon Sentencing Is Not in Accordance with Law, Trial in the Defendant’s Absence; Right to Be Present, Impermissibly Based on Exercise of Rights/Poverty, Elements of Current Offense Included in Prior Conviction, Multiple Offenses in One Court Week & Related Issues, Suppression of Conviction that Violated Right to Counsel, Offense Involving Physical, Mental of Sexual Abuse of Minor, Highest Level of Supervision and Monitoring, Rule 611 (Mode and Order of Interrogation & Presentation), Non-Hearsay/Not For the Truth of the Matter Asserted, Cross-Examination, Impeachment, Corroboration & Related Issues, Cross-Examination of Expert Regarding Fees, Act Must Be Sufficiently Connected to Defendant, Defendant’s Sex Acts/Related Conduct With Another, Defendant’s Grooming Activity in Sex Case, Defendant’s Possession of Substance/Drug Activity, Defendant’s Homicide, Assault, or Related Conduct, Defendant’s Theft, Robbery or Related Conduct, Defendant’s Motor Vehicle Violations and Related Conduct, Defendant’s Argument/Contact With/Assault on Victim, Defendant’s Acts Occurring After Offense at Issue, Rule 609 (Impeachment with Conviction of Crime), Fifth Amendment (Self-Incrimination) Issues, Rule 803(3) -- Then-Existing Mental, Emotional or Physical condition, Rule 803(4) – Statements for Medical Diagnosis and Treatment, Rule 803(6) – Records of Regularly Conducted Activity. Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the petitioner and counsel for the respondent. Fifth Amendment requires a no-adverse-inference instruction to protect a nontestifying defendant at the guilt phase, see Carter v. Kentucky, . (emphasis added), the law before and after Mitchell remained the same. It held that Carter did not apply because Woodall had already pleaded guilty—that is, because Woodall requested a no-adverse-inference instruction at the penalty phase rather than the guilt phase of his trial.
He was sentenced to death. The Court thus reversed the Sixth Circuit's grant of habeas relief. Fifth Amendment privilege in the two contexts. See App. 529 U. S. 362, We're hosting a symposium previewing Tuesday's argument in California v. Texas.

The Courts of Appeals have recognized that left this unresolved; their diverging approaches to the question illustrate the possibility of fairminded disagreement. 3–9. See 685 F. 3d, at 579; App. Because the Kentucky Supreme Court’s rejection of respondent’s SET FOR ARGUMENT ON Wednesday December 11, 2013.
Defendant pleaded guilty to capital murder, capital kidnaping, and first-degree rape, the statutory aggravating circumstance for the murder. The court refused, and the Kentucky Supreme Court agreed that no instruction was warranted. They followed a 400- to 500-foot trail of blood from the van to a nearby lake, where Hansen’s unclothed, dead body was found floating in the water. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined. §532.025(2)(a) (West Supp. 78; Ky. Rev. Likewise, fairminded jurists could conclude that Mitchell’s reservation regarding remorse and acceptance of responsibility would have served no meaningful purpose if Estelle had created an across-the-board rule against adverse  inferences; we are, after all, hardly in the habit of reserving “separate question[s],” Mitchell, supra, at 330, that have already been definitively answered. The Court of Appeals affirmed and ordered Kentucky to either resentence respondent within 180 days or release him. The justices granted a pair of consolidated cases for a total of one hour of oral argument this term. 23, 2014) Return To Search. In arguing for a contrary result, respondent leans heavily on the notion that a state-court “ ‘determination may be set aside . . Fifth Amendment claim was not objectively unreasonable, the Sixth Circuit erred in granting the writ. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. 28 U. S. C. §2254(d)(1). DISTRIBUTED for Conference of June 26, 2013. Faced with overwhelming evidence of his guilt, respondent pleaded guilty to capital murder.

. Because the Court refused “to adopt an exception” to this default rule, ibid.

If you logged out from your Quimbee account, please login and try again. In addition, States typically place the burden to prove mitigating factors at the penalty phase on the defendant. Thus, whatever Estelle said about the that no negative inference from the defendant’s failure to testify is permitted.” Id., at 328.

451 U. S., at 456–457, and n. 1; id., at 461. 499 F. 3d, at 551–552.

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