United States Supreme Court

In this habeas proceeding, petitioner Jennings sought federal habeas relief on the basis of three ineffective assistance of counsel theories (two based on Wiggins v. Smith, and one based on Smith v. Spisak, that his counsel expressed resignation to a death sentence during his closing argument). The Fifth Circuit reversed the district court's grant of habeas corpus under the two Wiggins theories and determined that it lacked jurisdiction over the Spisak claim, further noting that Jennings neither filed a timely notice of appeal nor obtained a certificate of appealability. The judgment of the Fifth Circuit is reversed and remanded for consideration of Jennings' Spisak claim, where, because the Spisak theory would neither have enlarged his rights nor diminished the State's rights under the district court's judgment, Jennings was required neither to take a cross-appeal nor to obtain a certificate of appealability.

Appellate Information

• Decided 01/14/2015
• Published 01/14/2015

Judges

• Scalia

Court

• United States Supreme Court

Counsel