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Terrell v. Morris, 493 U.S. 1 (1989)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Terrell v. Morris, 493 U.S. 1 (1989)
Terrell v. Morris No. 88-7535 Decided October 10, 1989 493 U.S. 1
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED
STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
Syllabus
When petitioner Terrell sought postconviction relief in the Ohio courts, they held that he had defaulted his ineffective assistance of counsel claim by failing to raise it on direct appeal, as required by State v. Cole, 2 Ohio St.3d 112. Before Cole, Ohio had permitted such claims in collateral challenges even if they had not been presented on direct appeal. Terrell then petitioned for a federal writ of habeas corpus, arguing that the Cole rule postdated his appeal and that he could not have known that he would default his claim if he failed to raise it on direct appeal. The District Court agreed, finding that Ohio could not invoke its procedural default rule retroactively, but proceeded to deny Terrell’s claim on the merits. The Court of Appeals affirmed on the ground that the District Court properly determined that the ineffective assistance claim was not reviewable because of Terrell’s failure to raise it in the state court proceedings.
Held: The Court of Appeals affirmed a decision that the District Court never made, and so never reviewed that court’s actual decision. The District Court reached the merits of Terrell’s claim after it determined that the only applicable default rule postdated his conviction. However, the Court of Appeals neither noted nor addressed the retroactivity issue. Review of the procedural bar and retroactivity issues should be undertaken based on a correct formulation of the District Court’s ruling.
Certiorari granted; 872 F.2d 1029 vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Terrell v. Morris, 493 U.S. 1 (1989) in 493 U.S. 1 493 U.S. 2. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=YP9X9GVN3IHMGS5.
MLA: U.S. Supreme Court. "Syllabus." Terrell v. Morris, 493 U.S. 1 (1989), in 493 U.S. 1, page 493 U.S. 2. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YP9X9GVN3IHMGS5.
Harvard: U.S. Supreme Court, 'Syllabus' in Terrell v. Morris, 493 U.S. 1 (1989). cited in 1989, 493 U.S. 1, pp.493 U.S. 2. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=YP9X9GVN3IHMGS5.
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