Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Brumfield v. Cain

Docket No.: 13-1433
Certiorari Granted: Dec 5 2014
Argued: March 30, 2015
Decided: 6/18/15

Topics:

AEDPA, Eighth Amendment, death penalty, habeas, habeas corpus, ineffective assistance of counsel, judicial review, murder, willfulness

PartyNames: Kevan Brumfield v. Burl Cain, Warden
Petitioner: Kevan Brumfield
Respondent: Burl Cain, Warden

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 744 F.3d 918
Supreme Court Docket

Kevan Brumfield
v.
Burl Cain, Warden
Question Presented:

I. Whether a state court that considers the evidence presented at a petitioner's penalty phase proceeding as determinative of the petitioner's claim of mental retardation under Atkins v. Virginia, 536 U.S. 304 (2002), has based its decision on an unreasonable determination of facts under 28 U.S.C. 2254(d)(2). II. Whether a state court that denies funding to an indigent petitioner who has no other means of obtaining evidence of his mental retardation has denied petitioner his "opportunity to be heard," contrary to Atkins and Ford v. Wainwright, 477 U.S. 399 (1986), and his constitutional right to be provided with the "basic tools" for an adequate defense, contrary to Ake v. Oklahoma, 470 U.S. 68 (1985).

Brumfield v. Cain
ORAL ARGUMENT

March 30, 2015

Listen to Oral Argument in Brumfield v. Cain
Holding: VACATED AND REMANDED
Opinion By:
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)