First SCOTUS Opinion of the Term Released in Corcoran v. Levenhagen!

October 20th, 2009

The Per Curiam  slip copy in JOSEPH E. CORCORAN v. MARK LEVENHAGEN, hot off the presses. H/T @ SCOTUSOpinions

7th Circuit reversed in Habeas case.

We now grant certiorari and hold that the Seventh Circuit erred in disposing of Corcoran’s other claims with-out explanation of any sort. The Seventh Circuit should have permitted the District Court to consider Corcoran’sunresolved challenges to his death sentence on remand, or should have itself explained why such consideration was unnecessary.
In its brief in opposition, the State argues that Cor-coran’s claims were waived, and that they were in any event frivolous, so that a remand would be wasteful. Brief in Opposition 9–10. Nothing in the Seventh Circuit’sopinion, however, suggests that this was the basis for thatcourt’s order that the writ be denied.
The petition for certiorari and the motion for leave toproceed in forma pauperis are granted. The judgment ofthe Court of Appeals for the Seventh Circuit is vacated,and the case is remanded for further proceedings consis-tent with this opinion.

This should be Justice Sotomayor’s first real opinion, so it is pretty cool. Any guesses who wrote it? I always try to guess with Per Curiams.