home *** CD-ROM | disk | FTP | other *** search
- Subject: 90-68 -- CONUR, YLST v. NUNNEMAKER
-
-
-
-
- SUPREME COURT OF THE UNITED STATES
-
-
- No. 90-68
-
-
-
- EDDIE S. YLST, WARDEN, PETITIONER v. OWEN DUANE NUNNEMAKER
-
- on writ of certiorari to the united states court of appeals for the ninth
- circuit
-
- [June 24, 1991]
-
-
-
- Justice White, concurring.
-
- I join the opinion and judgment of the Court but add these few words.
- Had the Court of Appeals stated that as a matter of state law, the State
- Supreme Court's summary, unexplained denial of an original petition for
- habeas corpus is a ruling on the merits, the presumption the Court's
- opinion articulates in this case would be rebutted unless we disagreed with
- the Court of Appeals with respect to state law. The Court of Appeals,
- however, did not so state but in effect said that the state court's order
- was ambiguous. Hence, the presumption governs.
- I also note that Coleman v. Thompson, --- U. S. --- , --- (1991),
- stated that the presumption of Harris v. Reed, 489 U. S. 255 (1989),
- "applies only when it fairly appears that a state court judgment rested
- primarily on federal law or was interwoven with federal law, that is, in
- those cases where a federal court has good reason to question whether there
- is an independent and adequate state ground for the decision." In joining
- the Court's opinion in the case before us, I take it that the opinion's
- bobtailed quotation from Coleman, ante, at 4, is not intended to restrict
- the reach of the presumption.
-
- ------------------------------------------------------------------------------