Carey v. Musladin
Encyclopedia
Carey v. Musladin, 549 U.S. 70 (2006) is a decision by the Supreme Court of the United States
involving the standard for when a federal court can grant habeas corpus
relief to overturn a criminal conviction based on the state court's misapplication of established federal law. At issue was whether a criminal defendant's constitutional right to a fair trial was violated when relatives of the alleged victim were permitted to sit in the courtroom as spectators during trial, wearing buttons that displayed the victim's image.
The Supreme Court ruled that the state court did not unreasonably apply clearly established federal law when it upheld the conviction. The Court's prior rulings on when courtroom practices prejudiced the right to a fair trial were limited to state-sponsored conduct, and had consequently left it an open question regarding the conduct of spectators.
Musladin then filed a habeas corpus
petition in federal court, which the court denied. The Ninth Circuit appeals court
reversed, finding that the state court's decision on the buttons was in violation of the Antiterrorism and Effective Death Penalty Act of 1996
, because it "was contrary to, or involved an unreasonable application of, clearly established Federal law" (quoting the statutory law). The federal law in question was a test for inherent prejudice established by the Supreme Court in Estelle v. Williams
425 U.S. 501 (1976) and Holbrook v. Flynn 475 U.S. 560 (1986). The test indicated prejudice against the defendant must be justified by an essential "state" interest. The appeals court found the test was applicable to behavior by private spectators and that the decision to permit the buttons unfairly prejudiced the defendant. The state appealed to the United States Supreme Court.
began by indicating that Williams v. Taylor 529 U. S. 362 (2000) limits the phrase "clearly established federal law" to the holdings instead of the dicta
of previous decisions. In both Williams and Flynn, the two cases cited by the appeals court, the holdings were regarding government-sponsored action, whereas the buttons were worn by private spectators. Thomas pointed out that there is no clear court holding on the test for inherently prejudicial action by private spectators. Lacking such a holding, it couldn't be said that there was any "clearly established federal law" that the trial court violated by permitting the buttons.
indicated that prior precedent on prejudice in the courtroom applied generally, including to spectators. However, due to prior decisions specifically regarding similar spectator actions and a concern about free speech, Souter didn't find the trial judge had acted unreasonably in permitting the buttons. Justice Stevens
embraced much of Souter's opinion, but disagreed that the First Amendment would trump concerns about prejudice. The bulk of his concurring opinion endorsed the importance of dicta in guiding lower courts. Justice Kennedy
also agreed that prior cases would apply generally to spectator behavior, but didn't find the precedent necessary to indicate that the buttons were coercive or intimidating to the defendant. He endorsed the future creation of such a precedent to clarify matters.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
involving the standard for when a federal court can grant habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
relief to overturn a criminal conviction based on the state court's misapplication of established federal law. At issue was whether a criminal defendant's constitutional right to a fair trial was violated when relatives of the alleged victim were permitted to sit in the courtroom as spectators during trial, wearing buttons that displayed the victim's image.
The Supreme Court ruled that the state court did not unreasonably apply clearly established federal law when it upheld the conviction. The Court's prior rulings on when courtroom practices prejudiced the right to a fair trial were limited to state-sponsored conduct, and had consequently left it an open question regarding the conduct of spectators.
Background of the case
In 1994 Mathew Musladin shot and killed Tom Studer. Musladin admitted to killing Studer during the trial, but claimed he did so in self-defense. The jury rejected Musladin's self-defense claim and convicted him of murder. During the trial, members of Studer's family sat in the front row of the gallery wearing buttons with pictures of Studer. Musladin's attorney objected to the buttons, but the trial court refused to order the buttons removed, saying it saw "no possible prejudice to the defendant." Musladin appealed the decision to the California Court of Appeal, which affirmed the trial court's decision.Musladin then filed a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petition in federal court, which the court denied. The Ninth Circuit appeals court
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
reversed, finding that the state court's decision on the buttons was in violation of the Antiterrorism and Effective Death Penalty Act of 1996
Antiterrorism and Effective Death Penalty Act of 1996
The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, is an act of Congress signed into law on April 24, 1996...
, because it "was contrary to, or involved an unreasonable application of, clearly established Federal law" (quoting the statutory law). The federal law in question was a test for inherent prejudice established by the Supreme Court in Estelle v. Williams
Estelle v. Williams
Estelle v. Williams 425 U.S. 501 , is a trial which involved the accused Harry Lee Williams murdering his former landlord in Harris County, Texas. While awaiting trial Williams was unable to post bail. Because he was unable to post bail he was tried in his prison uniform, and later was found...
425 U.S. 501 (1976) and Holbrook v. Flynn 475 U.S. 560 (1986). The test indicated prejudice against the defendant must be justified by an essential "state" interest. The appeals court found the test was applicable to behavior by private spectators and that the decision to permit the buttons unfairly prejudiced the defendant. The state appealed to the United States Supreme Court.
The court's decision
In his brief majority opinion, Justice Clarence ThomasClarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
began by indicating that Williams v. Taylor 529 U. S. 362 (2000) limits the phrase "clearly established federal law" to the holdings instead of the dicta
Dictum
In United States legal terminology, a dictum is a statement of opinion or belief considered authoritative though not binding, because of the authority of the person making it....
of previous decisions. In both Williams and Flynn, the two cases cited by the appeals court, the holdings were regarding government-sponsored action, whereas the buttons were worn by private spectators. Thomas pointed out that there is no clear court holding on the test for inherently prejudicial action by private spectators. Lacking such a holding, it couldn't be said that there was any "clearly established federal law" that the trial court violated by permitting the buttons.
Concurring opinions
Three justices wrote opinions concurring in the judgment but disagreeing with parts of the reasoning. Justice SouterDavid Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
indicated that prior precedent on prejudice in the courtroom applied generally, including to spectators. However, due to prior decisions specifically regarding similar spectator actions and a concern about free speech, Souter didn't find the trial judge had acted unreasonably in permitting the buttons. Justice Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
embraced much of Souter's opinion, but disagreed that the First Amendment would trump concerns about prejudice. The bulk of his concurring opinion endorsed the importance of dicta in guiding lower courts. Justice Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
also agreed that prior cases would apply generally to spectator behavior, but didn't find the precedent necessary to indicate that the buttons were coercive or intimidating to the defendant. He endorsed the future creation of such a precedent to clarify matters.
See also
External links
- Full text of the Supreme Court opinion from FindLawFindLawFindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen and Tim Stanley in 1995, and was acquired by Thomson West in 2001....