Murray v. Carrier

477 U.S. 478, 106 S. Ct. 2639, 91 L. Ed. 2d 397, 1986 U.S. LEXIS 66, 54 U.S.L.W. 4820
CourtSupreme Court of the United States
DecidedJune 26, 1986
Docket84-1554
StatusPublished
Cited by7,381 cases

This text of 477 U.S. 478 (Murray v. Carrier) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murray v. Carrier, 477 U.S. 478, 106 S. Ct. 2639, 91 L. Ed. 2d 397, 1986 U.S. LEXIS 66, 54 U.S.L.W. 4820 (1986).

Opinions

[481]*481Justice O’Connor

delivered the opinion of the Court.

We granted certoriari in this case to consider whether a federal habeas petitioner can show cause for a procedural default by establishing that competent defense counsel inad[482]*482vertently failed to raise the substantive claim of error rather than deliberately withholding it for tactical reasons.

I

Respondent Clifford Carrier was convicted of rape and abduction by a Virginia jury in 1977. Before trial, respondent’s court-appointed counsel moved for discovery of the victim’s statements to police describing “her assailants, the vehicle the assailants were driving, and the location of where the alleged rape took place.” 2 Record 11. The presiding judge denied the motion by letter to counsel after examining the statements in camera and determining that they contained no exculpatory evidence. Id., at 31. Respondent’s counsel made a second motion to discover the victim’s statements immediately prior to trial, which the trial judge denied for the same reason after conducting his own in camera examination. Tr. 151-152.

After respondent was convicted, his counsel filed a notice of appeal to the Virginia Supreme Court assigning seven errors, of which the fifth was:

“Did the trial judge err by not permitting defendant’s counsel to examine the written statements of the victim prior to trial, and during the course of the trial?” 2 Record 83.

Without consulting respondent, counsel subsequently submitted the required petition for appeal but failed to include this claim, notwithstanding that Virginia Supreme Court Rule 5:21 provides that “[ojnly errors assigned in the petition for appeal will be noticed by this Court and no error not so assigned will be admitted as a ground for reversal of a decision below.” The Virginia Supreme Court refused the appeal and this Court denied certiorari. Carrier v. Virginia, 439 U. S. 1076 (1979).

A year later respondent, by this time proceeding pro se, filed a state habeas corpus petition claiming that he had been denied due process of law by the prosecution’s withholding of the victim’s statements. The State sought dismissal of his [483]*483petition on the ground that respondent was barred from presenting his due process discovery claim on collateral review because he failed to raise that claim on appeal. The state ha-beas court dismissed the petition “for the reasons stated in the Motion to Dismiss,” 1 Record, Doc. No. 12, and the Virginia Supreme Court denied certiorari.

Respondent next filed a pro se habeas petition in the District Court for the Eastern District of Virginia, renewing his due process discovery claim as grounds for relief. The State filed a motion to dismiss asserting that respondent’s failure to raise the issue on direct appeal was a procedural default barring federal habeas review under Wainwright v. Sykes, 433 U. S. 72 (1977), and that respondent had not exhausted his state remedies because he could bring an ineffective assistance of counsel claim in the state courts to establish that his procedural default should be excused. 1 Record, Doc. No. 3. The United States Magistrate to whom the case was referred recommended dismissal by virtue of the procedural default and also ruled that respondent had not exhausted his state remedies. In reply to the Magistrate’s report, respondent alleged that his procedural default was “due to ineffective assistance of counsel during the filing of his appeal.” App. 11. The District Court approved the Magistrate’s report, holding the discovery claim barred by the procedural default and indicating that respondent should establish cause for that default in the state courts.

At oral argument on appeal to the Court of Appeals for the Fourth Circuit, respondent abandoned any claim of ineffective assistance of counsel but asserted that counsel had mistakenly omitted his discovery claim from the petition for appeal and that this error was cause for his default. A divided panel of the Court of Appeals reversed and remanded. Carrier v. Hutto, 724 F. 2d 396 (1983). The court construed respondent’s objection to the denial of discovery as having rested throughout on a contention that Brady v. Maryland, 373 U. S. 83 (1963), requires the prosecution to disclose any evidence that might be material to guilt whether or not it is [484]*484exculpatory, and concluded that when respondent’s counsel omitted this discovery claim from the petition for review “the issue was lost for purposes of direct and collateral review.” 724 F. 2d, at 399. The court framed the issue before it as whether “a single act or omission by counsel, insufficient by itself to contravene the sixth amendment, [can] satisfy the ‘cause’ prong of the exception to preclusive procedural default discussed in Waimvright?” Id., at 400. In answering this question, the court drew a dispositive distinction between procedural defaults resulting from deliberate tactical decisions and those resulting from ignorance or inadvertence. Id., at 401. The court determined that only in the latter category does an attorney’s error constitute cause because, whereas a tactical decision implies that counsel has, at worst, “reasonably but incorrectly exercisefd] her judgment,” ignorance or oversight implies that counsel “fail[ed] to exercise it at all, in dereliction of the duty to represent her client.” Ibid. Thus, in order to establish cause a federal habeas petitioner need only satisfy the district court “that the failure to object or to appeal his claim was the product of his attorney’s ignorance or oversight, not a deliberate tactic.” Ibid. Accordingly, the Court of Appeals remanded to the District Court:

“[Although the likelihood of attorney error appears very great in this case, we lack testimony from Carrier’s counsel which might disclose a strategic reason for failing to appeal the Brady issue. The question of counsel’s motivation is one of fact for the district court to resolve upon taking further evidence.” Id., at 402.

The court also ruled that the District Court erred in suggesting that respondent should establish cause for the default in the state courts. “The exhaustion requirement of 28 U. S. C. § 2254 pertains to independent claims for habeas relief, not to the proffer of Waimvright cause and prejudice.” Ibid. Since respondent did not allege ineffective assistance [485]*485of counsel as an independent basis for habeas relief, the case presented no exhaustion question.

The dissenting judge believed that the petition should have been dismissed for failure to exhaust state remedies because respondent had never presented his discovery claim as a denial of due process in the state courts, id., at 403-404 (Hall, J., dissenting), and differed with the majority’s interpretation of the cause standard because “[it] will ultimately allow the exception to swallow the rule.” Id., at 405. The State sought rehearing, and the en banc Court of Appeals adopted the panel majority’s decision, with four judges dissenting. Carrier v. Hutto, 754 F. 2d 520 (1985). We now reverse and remand.

I — I u_i

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Cite This Page — Counsel Stack

Bluebook (online)
477 U.S. 478, 106 S. Ct. 2639, 91 L. Ed. 2d 397, 1986 U.S. LEXIS 66, 54 U.S.L.W. 4820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-carrier-scotus-1986.