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- Subject: YLST v. NUNNEMAKER, Syllabus
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-
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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-
- Syllabus
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- YLST, WARDEN v. NUNNEMAKER
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-
- certiorari to the united states court of appeals for the ninth circuit
-
- No. 90-68. Argued March 19, 1991 -- Decided June 24, 1991
-
- Following his California murder conviction, respondent raised a Miranda
- claim for the first time on direct appeal, in violation of a state
- procedural rule. In affirming the conviction, the State Court of Appeal
- rejected the claim on the sole basis of the procedural bar. After
- successive petitions for collateral relief were denied without opinion by
- the State Superior Court and Court of Appeal, respondent filed a habeas
- petition in the State Supreme Court, which denied relief without opinion or
- explanation, citing its decisions in In re Swain and In re Waltreus. When
- the State Supreme Court denied, without opinion or citation, a second
- habeas petition to it, respondent filed a habeas petition raising the Mir
- anda claim in Federal District Court. That court found that the state
- procedural default barred federal review, but the Court of Appeals reversed
- this determination. Relying on this Court's statement in Harris v. Reed,
- 489 U. S. 255, 263, that state procedural default bars federal review only
- when the state court clearly and expressly states its reliance on that
- ground, the court held that the State Supreme Court's "silent denial" of
- respondent's second state habeas petition lifted the procedural bar imposed
- on direct review.
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- Held: A state court's unexplained denial of a habeas petition raising
- federal claims is not sufficient, for purposes of federal review, to lift a
- procedural bar imposed on direct appeal. Pp. 3-8.
-
- (a) The Court of Appeals erred in applying a presumption that when a
- state court denies a federal claim without explicit reliance on state
- grounds, the merits of the federal claim are the basis for the judgment.
- The Harris presumption in favor of federal review is to be applied only
- after it has been determined that "the relevant state court decision . . .
- fairly appear[s] to rest primarily on federal law or [is] interwoven with
- federal law." Coleman v. Thompson, ante, at ---. P. 4.
-
- (b) With respect to unexplained state-court judgments, federal habeas
- courts should apply the following presumption: where there has been one
- reasoned state judgment rejecting a federal claim, later unexplained orders
- upholding that judgment or rejecting the same claim rest upon the same
- ground. If an earlier opinion "fairly appear[s] to rest primarily upon
- federal law," it should be presumed that no procedural default has been
- invoked by a subsequent unexplained order that leaves the judgment or its
- consequences in place. Similarly, where the last reasoned opinion on the
- claim explicitly imposes a procedural default, it should be presumed that a
- later decision rejecting the claim did not silently disregard the bar and
- consider the merits. This "look-through" presumption may be rebutted by
- strong evidence to the contrary. Pp. 5-6.
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- (c) The last explained state-court judgment on respondent's Miranda
- claim was that of the Court of Appeal on direct review, which unequivocally
- rested upon a state procedural default. None of the later judgments or
- orders was informative on the reason for denying the Miranda claim, nor has
- respondent adduced strong evidence that one of them reached the merits of
- that claim. Thus, federal-court review is barred unless respondent can
- establish "cause and prejudice" for his default, see Murray v. Carrier, 477
- U. S. 478, 493, 495-496. On remand, the Court of Appeals must determine
- whether he has done so. Pp. 7-8.
-
- 904 F. 2d 473, reversed and remanded.
-
- Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J.,
- and White, O'Connor, Kennedy, and Souter, JJ., joined. White, J., filed a
- concurring opinion. Blackmun, J., filed a dissenting opinion, in which
- Marshall and Stevens, JJ., joined.
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