Listen & Download

On November 9, 2010, the Supreme Court heard oral argument in Cullen v. Pinholster. The questions in this case are 1) whether it is appropriate under 28 U.S.C. § 2254 for a federal court to conclude that a state court’s rejection of a claim was unreasonable in light of facts that an applicant could have alleged in state court, but never did; and 2) what standard of review is applicable to claims of ineffective assistance of counsel.

To discuss the case, we have Ronald Eisenberg, who is the Deputy District Attorney for the Law Division of the Philadelphia District Attorney's Office.

[Return to the SCOTUScast menu]