Premo v. Moore

Premo (for Oregon State Penitentiary) v. Moore
Supreme Court of the United States
Decided January 19, 2011
Full case name	Premo, Superintendent, Oregon State Penitentiary v. Moore
Case history
Prior	Appeal from order of habeas relief by the United States Court of Appeals for the Ninth Circuit
Subsequent	Reversed and remanded.
Holding
Habeas relief may not be granted with respect to any claim a state-court has found on the merits unless the state-court decision denying relief involves an "unreasonable application" of "clearly established federal law, as determined by" the Court.
Court membership
Chief Justice John Roberts Associate Justices Antonin Scalia · Anthony Kennedy Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito Sonia Sotomayor · Elena Kagan
Case opinions
Majority	Kennedy, joined by Roberts, Scalia, Thomas, Breyer, Alito, Sotomayor
Concurrence	Ginsburg
Laws applied
6th Amendment, 5th Amendment, right to adequate assistance of counsel, habeas corpus

Premo, Superintendent, Oregon State Penitentiary v. Moore was a 2011 United States Supreme Court case involving the right of individuals to federal habeas corpus relief on state-law claims. In an 8-0 ruling (Justice Kagan did not participate), the court held that habeas relief may not be granted with respect to any claim a state-court has found on the merits unless the state-court decision denying relief involves an "unreasonable application" of "clearly established federal law, as determined by" the Court.

External links

• Cornell LII text of opinion