No. 18-6409

Scotty Garnell Morrow v. Benjamin Ford, Warden

Lower Court: Eleventh Circuit
Docketed: 2018-10-23
Status: Denied
Type: IFP
Amici (1)IFP
Tags: 28-usc-2254 clear-error due-process fact-finding federal-review habeas-corpus reasoned-opinion section-2254 state-court-adjudication state-court-deference
Key Terms:
HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Where the last state court to review the merits of a state prisoner's habeas claim denied relief in a reasoned opinion, may a federal court assume the existence of fact-findings and clear error determinations not contained in the state court's opinion to conclude that the state court's adjudication is reasonable and therefore bars federal relief under § 2254(d)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question 1 In Harrington v. Richter, 562 U.S. 86 (2011), this Court announced that where a state court issues a summary denial of a habeas petitioner’s claim unaccompanied by any reasoning, a federal court reviewing that claim under 28 U.S.C. § 2254(d) determines whether “any reasonable basis” could have supported the denial. If so, the federal court must defer to the state adjudication. Last term, in Wilson v. Sellers, 584 U.S. __, 138 S. Ct. 1188 (2018), this Court rejected the Eleventh Circuit’s expansive application of Richter, clarifying that Richter’s “any reasonable basis” inquiry is limited to the circumstances where no state court has issued a reasoned opinion in support of its adjudication. This Court further noted that where, as in Mr. Morrow’s case, the last state court to adjudicate the merits of the claim did so in a reasoned opinion, review under § 2254(d) is “straightforward.” Id. at 1192. The federal court “simply reviews the specific reasons given by the state court and defers to those reasons if they are reasonable.” Id. The Eleventh Circuit’s opinion affirming Morrow’s denial of habeas relief, issued three weeks prior to Wilson, presents the following question: Where the last state court to review the merits of a state prisoner’s habeas claim denied relief in a reasoned opinion, may a federal court assume the existence of fact-findings and clear error determinations not contained in the state court’s opinion to conclude that the state court’s adjudication is reasonable and therefore bars federal relief under § 2254(d)? i Question 2 This Court has long recognized the uniquely devastating nature of childhood sexual abuse, identifying repeated childhood sexual assault as “powerful” mitigating evidence. Wiggins v. Smith, 539 U.S. 510, 535 (2003). Yet the Eleventh Circuit has a consistent practice of refusing to weigh, or sanctioning a state court’s unreasonable discounting of, credible evidence of repeated childhood sexual abuse. This case, therefore, also presents the following question: Whether the Eleventh Circuit erroneously concluded that the Georgia Supreme Court reasonably determined that: a) the fact that Morrow was “the victim of a series of rapes” as a child “would not have been given great weight by the jury,” and b) Morrow’s counsel did not perform deficiently in failing to discover this evidence because Morrow did not volunteer information about his sexual abuse? ii

Docket Entries

2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2019-01-07
Reply of petitioner Scotty Garnell Morrow filed.
2018-12-21
Brief of respondent Benjamin Ford, Warden in opposition filed.
2018-11-21
Brief amici curiae of CHILD USA, et al. filed.
2018-11-08
Motion to extend the time to file a response is granted and the time is extended to and including December 24, 2018.
2018-10-30
Motion to extend the time to file a response from November 23, 2018 to December 24, 2018, submitted to The Clerk.
2018-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2018)
2018-08-09
Application (18A148) granted by Justice Thomas extending the time to file until October 19, 2018.
2018-08-01
Application (18A148) to extend the time to file a petition for a writ of certiorari from August 20, 2018 to October 19, 2018, submitted to Justice Thomas.

Attorneys

Benjamin Ford, Warden
Sabrina D. GrahamSenior Assistant Attorney General, Respondent
Sabrina D. GrahamSenior Assistant Attorney General, Respondent
CHILD USA, The Institute on Violence, Abuse and Trauma, The Juvenile Law Center, The Leadership Council on Child Abuse & Interpersonal Violence, and Dr. David Murray Shane of MaleSurvivor
Marci A. HamiltonUniversity of Pennsylvania, Amicus
Marci A. HamiltonUniversity of Pennsylvania, Amicus
Scotty Garnell Morrow
Susan Jill BentonFederal Defender Program, Inc., Petitioner
Susan Jill BentonFederal Defender Program, Inc., Petitioner