The Least Interesting Branch: Why Supreme Court Leaks Reveal Little

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on a recent series of articles published on CNN.com purporting to reveal deep secrets about the U.S. Supreme Court’s deliberations. Dorf points out that the so-called revelations about the Court reveal little or nothing that Court watchers don’t already know or infer, which, paints a reassuring picture of the Court as operating behind closed doors exactly as we expect it to.

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Barritt v. Secretary, Florida Department of Corrections

Docket: 16-17789

Opinion Date: August 4, 2020

Judge: Diarmuid Fionntain O`Scannlain

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Eleventh Circuit affirmed the district court's denial of habeas relief under 28 U.S.C. 2254 to petitioner, who pleaded guilty to four counts of sexual battery on a child between the ages of 12 and 18 years old by someone in familial or custodial authority, one count of possession of child pornography with intent to promote, four counts of possession of child pornography, and one count of possession of a firearm by a convicted felon. The court held that the district court did not violate Clisby v. Jones, 960 F.2d 925 (11th Cir. 1992) (en banc), by failing to address all claims fully, and petitioner never presented an independent coercion claim; the district court did not err in denying, without an evidentiary hearing, petitioner's claim that counsel was ineffective for failing to advise him of a prosecutorial vindictiveness defense; and the district court did not err in denying, without an evidentiary hearing, petitioner's claim that counsel was ineffective for failing to advise him of a double jeopardy defense to the charges of possession of child pornography and possession of child pornography with intent to promote. The court explained that the vindictive prosecution claim and double jeopardy defense would not have succeeded and petitioner suffered no prejudice from counsel's failure to raise the claims.