The Supreme Court has granted certiorari in the following cases involving issues of interest to capital habeas litigators:
Pitchford v. Cain, 24-7351 (cert. granted December 15, 2025)
(case below: 126 F.4th 422 (5th Cir.))
Question presented:
Whether, under the standards set forth in AEDPA, 28 U. S. C. §2254(d), the Mississippi Supreme Court unreasonably determined that petitioner waived his right to rebut the prosecutor's asserted race-neutral reasons for exercising peremptory strikes against four black jurors.
Click here to view Pitchford's certiorari petition. The Supreme Court crafted the question presented above when granted certiorari review.
Hamm v. Smith, 24-872 (cert. granted June 6, 2025)
(case below: Smith v. Commissioner, 2024 WL 4793028 (11th Cir.))
Question presented:
Whether and how courts may consider the cumulative effect of multiple IQ scores in assessing an Atkins claim.
Click here to view the commissioner's certiorari petition. Note: the Supreme Court constructed the question presented rather than granting review on the questions expressly set forth in the commissioner's petition.
Villarreal v. Texas, 24-557 (cert. granted April 7, 2025)
Case below: ___ S.W.3d ___, 2024 WL 4446740 (Tex. Crim. App.)
Question presented:
Whether a trial court abridges the defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s testimony during an overnight recess.
Click here to view the petition for writ of certiorari. Click here to view the argument transcript.