Murray Hooper v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry
DueProcess HabeasCorpus
Whether the state court decision by which 'clearly established federal law' is measured is rendered when the state court issues its mandate
QUESTIONS PRESENTED 1. Whether this Court should clarify its holding in Greene v. Fisher, 565 U.S. 34, 38 (2011), to reflect that the state court decision by which “clearly established federal law” is measured within the meaning of 28 U.S.C. § 2254(d)(1) is not “rendered” until the state court issues its mandate, which in this case, would result in this Court’s intervening decision in United States v. Bagley, 473 U.S. 667 (1985), being clearly established federal law when the Arizona Supreme Court “rendered its decision” in petitioner’s case. 2. Whether the prosecution’s suppression of evidence regarding significant and unusual financial benefits and other repeated favors for a key witness—when there was a specific request for such evidence, the verdict was already of questionable validity, eye witness testimony was of questionable reliability, and the investigation and trial was otherwise littered with prosecutorial misconduct—is sufficient to undermine confidence in the outcome of petitioner’s trial under Bagley. @