On January 14, the U.S. Supreme Court (6-3) handed down a ruling in Jennings v. Stephens, a capital case from Texas dealing with ineffective assistance of counsel. The Court held that when a defendant wins relief in a lower federal court and the state appeals, the defendant may offer theories rejected by the lower court as part of his defense of the relief granted. He does not have to file a new appeal on that rejected theory. In his initial federal appeal (habeas corpus), Robert Jennings had presented three instances of ineffective assistance of counsel. The District Court granted him relief based on two of them, but rejected the third. The state appealed the decision to the U.S. Court of Appeals for the Fifth Circuit, and Jennings presented all three instances in his defense. The Fifth Circuit said it did not have jurisdiction to consider the third claim because Jennings’ lawyers had not obtained a “certificate of appealability.” Justice Scalia wrote the majority opinion. Jennings’ case will be returned to the Fifth Circuit to consider his third claim of ineffectiveness.

(J. Deisher-Edwards, “Supreme Court rules on appellate procedure for habeas corpus petitions,” Jurist, January 14, 2015). Read the Court’s decision in Jennings v. Stephens. See U.S. Supreme Court.

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