US Supreme Court Docket

Supreme Court Docket

[Download October 2009 Argument Calendar PDF]

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Smith v. Spisak
No. 08-724

Title:

Smith v. Spisak

Subject:

Criminal Law, Habeas Corpus

Questions:

1. Did the Sixth Circuit contravene the directives of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") and Carey v. Musladin, 127 S. Ct. 649 (2006), when it applied Mills v. Maryland, 486 U.S. 367 (1988), to resolve in a habeas petitioner's favor questions that were not decided or addressed in Mills?

2. Did the Sixth Circuit exceed its authority under AEDPA when it applied United States v. Cronic, 466 U.S. 648 (1984), to presume that a habeas petitioner suffered prejudice from several allegedly deficient statements made by his trial counsel during closing argument instead of deferring to the Ohio Supreme Court's reasonable rejection of the claim under Strickland v. Washington, 466 U.S. 668 (1984).

Decision Below:

• U.S. Court of Appeals, 6th Circuit, No. 03-4034

Resources:

• Docket Sheet from the U.S. Supreme Court.

Briefs:

Coming Soon

Counsel of Record

For Petitioner:

Benjamin C. Mizer
Office of the Ohio Attorney General
Columbus, OH

For Respondent:

Michael J. Benza
Chagrin Falls, OH

 

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