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Supreme Court· 11/6/2017

Kernan v. Cuero

Citations

  • 583 U.S. 1
  • 138 S. Ct. 4
  • 199 L. Ed. 2d 236
  • 2017 U.S. LEXIS 6631

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “circuit precedent does not constitute ‘clearly established Federal law, as determined by the Supreme Court’” for purposes of 28 U.S.C. § 2254(d)(1)
  • emphasizing that Santobello left it to trial courts, on remand from a proven breach, to decide whether defendant’s remedy should be resentencing or an oppor- tunity to withdraw his plea
  • emphasizing that Santobello left it to trial courts, on remand from a proven breach, to decide whether defendant’s remedy should be resentencing or an oppor- tunity to withdraw his plea
  • admonishing the Ninth Circuit for substituting “state-court decisions” in lieu of decisions from the Supreme Court when operating under the AEDPA standard of review
  • circuit precedent does not satisfy § 2254(d)(1), “[n]or, of course, do state-court decisions, treatises, or law review articles”
  • circuit precedent does not satisfy § 2254(d)(1), “[n]or, of course, do state–court decisions, treatises, or law review articles”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

16 cases in this archive are cited by this case.

Other cases named Kernan v. Cuero

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.