Shoop v. Twyford, 596 U.S. ___ (2022)
Twyford was convicted of aggravated murder and was sentenced to death. Ohio courts affirmed his conviction and sentence, then denied post-conviction relief, rejecting Twyford’s claim that his trial counsel was ineffective for failing to present evidence of a head injury Twyford had sustained. The district court dismissed most of Twyford’s federal habeas claims but allowed others to proceed and ordered the state to transport him to a medical facility for neurological testing that might lead to evidence to support his claim. The court cited the All Writs Act, which authorizes federal courts to “issue all writs necessary or appropriate in aid of their respective jurisdictions.” 28 U.S.C. 1651(a). The Sixth Circuit affirmed.
The Supreme Court reversed. A transportation order that allows a prisoner to search for new evidence is not “necessary or appropriate in aid of” a federal court’s adjudication of a habeas corpus action when the prisoner has not shown that the desired evidence would be admissible in connection with a claim for relief. The Antiterrorism and Effective Death Penalty Act (AEDPA) restricts the ability of a federal habeas court to develop and consider new evidence: Before a federal court may decide whether to grant an evidentiary hearing or “otherwise consider new evidence” under 28 U.S.C. 2254(e)(2), it must first determine that such evidence could be legally considered in the prisoner’s case. The All Writs Act cannot be used to circumvent statutory requirements or binding procedural rules. Twyford never explained how the results of neurological testing could be admissible in his habeas proceedings, given that AEDPA review is limited to “the record that was before the state court.”
A transportation order that allows a prisoner to search for new evidence is not “necessary or appropriate in aid of” a federal court’s adjudication of a habeas corpus action when the prisoner has not shown that the desired evidence would be admissible in connection with a claim for relief.
SUPREME COURT OF THE UNITED STATES
Syllabus
Shoop, Warden v. Twyford
certiorari to the united states court of appeals for the sixth circuit
No. 21–511. Argued April 26, 2022—Decided June 21, 2022
Respondent Raymond Twyford was convicted by an Ohio jury of aggravated murder and other charges and was sentenced to death. The Ohio appellate courts affirmed his conviction and sentence. Twyford then sought state postconviction relief, claiming that his trial counsel was ineffective for failing to present evidence of a head injury Twyford sustained as a teenager. The Ohio courts rejected his claim, concluding that trial counsel had simply presented a competing psychological theory for Twyford’s actions. Twyford then filed a petition for federal habeas relief. The District Court dismissed most of Twyford’s claims as procedurally defaulted but allowed a few to proceed. He then moved for an order compelling the State to transport him to a medical facility, arguing that neurological testing would plausibly lead to the development of evidence to support his claim that he suffers neurological defects. The District Court granted Twyford’s motion under the All Writs Act, which authorizes federal courts to “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” 28 U. S. C. §1651(a). The Court of Appeals affirmed. Both courts concluded that it was unnecessary to consider the admissibility of any resulting evidence prior to ordering the State to transport Twyford to gather it.
Held: A transportation order that allows a prisoner to search for new evidence is not “necessary or appropriate in aid of” a federal court’s adjudication of a habeas corpus action when the prisoner has not shown that the desired evidence would be admissible in connection with a particular claim for relief. Pp. 4–11.
(a) The State argues that the All Writs Act does not authorize the issuance of transportation orders for medical testing at all. The State also argues that the order issued in this case was not “necessary or appropriate in aid of” the District Court’s jurisdiction because Twyford failed to show that the evidence he hoped to find would be useful to his habeas case. Because this Court agrees with the State’s second argument, it does not address the first.
In habeas cases such as this, the Antiterrorism and Effective Death Penalty Act (AEDPA) restricts a federal court’s authority to grant relief. AEDPA provides that a federal habeas court cannot grant relief in a case adjudicated on the merits in state court unless the state court (1) contradicted or unreasonably applied this Court’s precedents, or (2) handed down a decision “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” §§2254(d)(1)–(2). AEDPA also restricts the ability of a federal habeas court to develop and consider new evidence, limiting review of factual determinations under §2254(d)(2) to “the evidence presented in the State court proceeding,” and review of legal claims under §2254(d)(1) “to the record that was before the state court.” Cullen v. Pinholster, 563 U.S. 170, 181. A federal court may admit new evidence only in two limited situations: Either the claim must rely on a “new” and “previously unavailable” “rule of constitutional law” made retroactively applicable by this Court, or it must rely on “a factual predicate that could not have been previously discovered through the exercise of due diligence.” §2254(e)(2)(A). But before a federal court may decide whether to grant an evidentiary hearing or “otherwise consider new evidence” under §2254(e)(2), it must first determine that such evidence could be legally considered in the prisoner’s case. Shinn v. Martinez Ramirez, 596 U. S. ___, ___. That is because a federal court “may never needlessly prolong a habeas case, particularly given the essential need to promote the finality of state convictions.” Id., at ___ (internal quotation marks omitted).
Twyford’s transportation request was granted under the All Writs Act. This Court has held that the All Writs Act cannot be used to circumvent statutory requirements or otherwise binding procedural rules. See Pennsylvania Bureau of Correction v. United States Marshals Service, 474 U.S. 34, 43. In federal habeas proceedings, AEDPA provides the governing rules. And this Court’s precedents explain that a district court must consider AEDPA’s requirements before facilitating the development of new evidence. By the same token, if an order issued under the All Writs Act enables a prisoner to fish for unusable evidence, such a writ would not be “necessary or appropriate in aid of” the federal court’s jurisdiction, as all orders issued under the Act must be. §1651(a). “[G]uided by the general principles underlying [this Court’s] habeas corpus jurisprudence,” Calderon v. Thompson, 523 U.S. 538, 554, a writ that enables a prisoner to gather evidence that would not be admissible would “needlessly prolong” resolution of the federal habeas case, Shinn, 596 U. S., at ___, and frustrate the “State’s interest[ ] in finality,” Calderon, 523 U. S., at 556. A federal court order requiring a State to transport a prisoner to a public setting not only delays resolution of his habeas case, but may also present serious risks to public safety. Commanding a State to take such risks so that a prisoner can search for unusable evidence would not be a “necessary or appropriate” means of aiding a federal court’s limited habeas review. Pp. 4–9.
(b) The District Court and Court of Appeals in this case concluded that directing the State to transport Twyford to a medical facility would aid the adjudication of his habeas petition, but they never determined how this could aid his cause. For the reasons discussed, that was error. Applying the proper standard here is straightforward. Twyford never explained how the results of the neurological testing could be admissible in his habeas proceedings, and it is hard to see how they could be, since the District Court’s AEDPA review is limited to “the record that was before the state court,” Pinholster, 563 U. S., at 181, and Twyford made no attempt to explain how that bar would be inapplicable in his case. Twyford suggested that the results of his brain testing could “plausibly” bear on the question whether to excuse procedural default, but he did not identify the particular defaulted claims nor explain how the testing would allow him to resurrect those claims. Pp. 9–11.
11 F. 4th 518, reversed and remanded.
Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion.
JUDGMENT ISSUED |
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion. |
Argued. For petitioner: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For United States, as amicus curiae: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: David A. O'Neil, Washington, D. C. |
Motion to appoint counsel filed by respondent GRANTED, and Michael J. Benza, Esq., of Chagrin Falls, Ohio, is appointed to serve as counsel for respondent in this case. |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument is GRANTED IN PART, and the time is allotted as follows: 30 minutes for petitioner, 15 minutes for the Solicitor General, and 25 minutes for respondent. |
Motion to appoint counsel DISTRIBUTED for Conference of 4/22/2022. |
Reply of Tim Shoop submitted. |
Reply of petitioner Tim Shoop filed. (Distributed) |
Amicus brief of American Bar Association submitted. |
Amicus brief of Law Professors submitted. |
Brief amicus curiae of Massachusetts General Hospital Center for Law, Brain & Behavior filed. (Distributed) |
Brief amicus curiae of American Bar Association filed. (Distributed) |
Amicus brief of Massachusetts General Hospital Center for Law, Brain & Behavior submitted. |
Brief amici curiae of Law Professors filed. (Distributed) |
Amicus brief of 18 Former Federal Judges submitted. |
Brief amici curiae of 18 Former Federal Judges filed. (Distributed) |
Brief of respondent Raymond Twyford filed. (Distributed) |
Brief of Raymond Twyford submitted. |
CIRCULATED |
Appointment of Counsel of Raymond Twyford submitted. |
Motion to appoint counsel filed by respondent Raymond Twyford. |
Motion of United States for leave to participate in oral argument and for divided argument submitted. |
Record requested from the U.S.C.A. 6th Circuit. |
Response of Tim Shoop to motion submitted. |
The record from the U.S.C.A. 6th Circuit is electronic and located on PACER. Also available are documents that has been electronically filed. |
Opposition to motion of the Solicitor General filed by petitioner Tim Shoop. |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
ARGUMENT SET FOR Tuesday, April 26, 2022. |
Amicus brief of United States submitted. |
Brief amicus curiae of United States in support of neither party filed. |
Amicus brief of State of Utah and 20 Other States submitted. |
Brief amici curiae of State of Utah and 20 Other States filed. |
Brief of Tim Shoop submitted. |
Brief of petitioner Tim Shoop filed. |
Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
Motion of Tim Shoop to dispense with joint appendix submitted. |
Joint motion to dispense with printing the joint appendix filed. |
Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
Petition GRANTED. |
DISTRIBUTED for Conference of 1/14/2022. |
DISTRIBUTED for Conference of 1/7/2022. |
Reply of petitioner Tim Shoop, Warden filed. |
Waiver of the 14-day waiting period under 15.5 filed. |
Motion for leave to proceed in forma pauperis filed by respondent Raymond Twyford. |
Brief of respondent Raymond Twyford in opposition filed. |
Brief amici curiae of Utah and 14 Other States filed. |
Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2021. |
Motion to extend the time to file a response from November 5, 2021 to December 6, 2021, submitted to The Clerk. |
Petition for a writ of certiorari filed. (Response due November 5, 2021) |