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562 U.S. 115
U.S.
2011
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Background

  • Moore participated in kidnapping and killing Kenneth Rogers in Oregon on December 7, 1995.
  • Moore admitted to a two-witness confession and outlined the events leading to the shooting.
  • Moore pleaded no contest to felony murder pursuant to a plea offer for a 300-month sentence after defense counsel discussed suppression options.
  • Moore challenged his conviction via state postconviction relief alleging ineffective assistance of counsel for not seeking suppression of his police confession before the plea.
  • Oregon postconviction court found suppression would have been futile and denied relief; Ninth Circuit reversed, holding error under Strickland and AEDPA.
  • The Supreme Court reversed the Ninth Circuit, holding the state court’s Strickland analysis reasonably applied governing law under AEDPA.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was counsel’s failure to seek suppression of the police confession prejudicial? Moore asserts counsel’s omission caused prejudice by undermining the plea bargain. State contends suppression would have been futile and thus not prejudicial under Strickland. No unreasonable prejudice; decision allowed by Strickland and AEDPA.
Does Fulminante govern prejudice review for a plea deal? Moore argues Fulminante dictates prejudice analysis for suppression in plea context. State argues Fulminante is inapplicable to Strickland prejudice in pleabargain cases. Fulminante does not govern the Strickland prejudice inquiry in plea contexts.
Was the state court’s application of Strickland under AEDPA unreasonable? Moore claims the state court unreasonably applied Strickland by discounting counsel’s strategic reasoning. State maintains the state court reasonably applied Strickland with deference to counsel’s judgment. No; the state court’s application was reasonable under AEDPA.
Did the likelihood of trial outcomes justify the plea under Hill v. Lockhart? Moore contends but-for counsel’s errors, he would have gone to trial rather than plead. State argues the plea was a reasonable strategic choice given evidence and risk of capital exposure. Moore failed to show a reasonable probability of different outcome; Hill standard not satisfied.

Key Cases Cited

  • Strickland v. Washington, 466 U.S. 668 (Supreme Court 1984) (two-prong standard: deficient performance and prejudice)
  • Knowles v. Mirzayance, 556 U.S. 111 (Supreme Court 2009) (high deferential bar for habeas review of Strickland)
  • Richter v. Harrington, 131 S. Ct. 770 (Supreme Court 2011) (AEDPA deference with Strickland framework)
  • Hill v. Lockhart, 474 U.S. 52 (Supreme Court 1985) (prejudice standard for guilty-plea withdrawals)
  • Fulminante v. Arizona, 499 U.S. 279 (Supreme Court 1991) (prejudice inquiry for involuntary confessions)
  • Kimmelman v. Morrison, 477 U.S. 365 (Supreme Court 1986) (post-conviction review deference limits on additional grounds)
  • Yarborough v. Alvarado, 541 U.S. 652 (Supreme Court 2004) (AEDPA applies with broader leeway for reasonableness in general standards)
  • Neder v. United States, 527 U.S. 1 (Supreme Court 1999) (harmless-error standard in prejudice analysis)
  • Bell v. Cone, 535 U.S. 685 (Supreme Court 2002) (deference to counsel’s strategy under Strickland)
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Case Details

Case Name: Premo v. Moore
Court Name: Supreme Court of the United States
Date Published: Jan 19, 2011
Citations: 562 U.S. 115; 131 S. Ct. 733; 178 L. Ed. 2d 649; 79 U.S.L.W. 4038; 2011 U.S. LEXIS 910; No. 09-658
Docket Number: No. 09-658
Court Abbreviation: U.S.
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