Premo v. Moore

Holding: The defense counsel was not ineffective and the habeas petitioner was not in any event prejudiced by his counsel's actions. (Kagan, J., recused).

Plain English Holding: The criminal defendant did not meet the high standard required by the Antiterrorism and Effective Death Penalty Act for obtaining federal habeas relief on a claim of ineffective assistance of counsel.

Judgment: Reversed, 8-0, in an opinion by Justice Kennedy on January 19, 2011. (Kagan, J., recused).

Briefs and Documents

Merits Briefs

• Brief for Petitioner Jeff Premo, Superintendent, Oregon State Penitentiary
• Brief for Respondent Randy Joseph Moore
• Reply Brief for Petitioner Jeff Premo, Superintendent, Oregon State Penitentiary (reprint)

Amicus Briefs

• Brief for the States of South Carolina, Alabama, Alaska, Arizona, Colorado Delaware, Idaho, Indiana, Kansas, Louisiana, Maine, Maryland, Michigan, Montana, New Mexico, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Virginia, Wisconsin and Wyoming in Support of Petitioner
• Brief for Criminal Justice Legal Foundation in Support of Petitioner

Certiorari-Stage Documents

• Opinion below (9th Circuit)
• Petition for certiorari (unavailable)
• Petitioner’s reply (unavailable)