The Washington Post

The Supreme Court reverses the Sixth Circuit in yet another habeas case

In today’s other decision, the Supreme Court reversed the U.S. Court of Appeals for the Sixth Circuit in a habeas case. (For those who follow either court, that sentence almost writes itself.)

Today’s reversal came in White v. Woodall.  In this case, a death-row inmate challenged his capital sentence because the judge had failed to provide the jury with a no-adverse-inference instruction concerning the defendant’s refusal to testify during the penalty phase of his trial.  This failure, a divided panel of the Sixth Circuit concluded, violated Woodall’s Fifth Amendment right against self-incrimination.

The Supreme Court, 6-3, held that the trial court’s failure to provide the desired jury instruction was not objectively unreasonable or contrary to clearly established law, and therefore Woodall did not satisfy the requirements for habeas relief under the Anti-Terrorism and Effective Death Penalty Act (AEDPA).

Justice Scalia wrote the majority opinion, joined by the Chief Justice, and Justices Kennedy, Thomas, Alito, and Kagan.  Justice Breyer dissented, joined by Justices Ginsburg and Sotomayor.  The opinion is here.


Jonathan H. Adler teaches courses in constitutional, administrative, and environmental law at the Case Western University School of Law, where he is the inaugural Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation.



Success! Check your inbox for details. You might also like:

Please enter a valid email address

See all newsletters

Show Comments

Sign up for email updates from the "Confronting the Caliphate" series.

You have signed up for the "Confronting the Caliphate" series.

Thank you for signing up
You'll receive e-mail when new stories are published in this series.
Most Read



Success! Check your inbox for details.

See all newsletters

Your Three. Video curated for you.
Next Story
Eugene Volokh · April 23, 2014

To keep reading, please enter your email address.

You’ll also receive from The Washington Post:
  • A free 6-week digital subscription
  • Our daily newsletter in your inbox

Please enter a valid email address

I have read and agree to the Terms of Service and Privacy Policy.

Please indicate agreement.

Thank you.

Check your inbox. We’ve sent an email explaining how to set up an account and activate your free digital subscription.