Opinion · Supreme Court of the United States

Trest v. Cain

Trest v. Cain, 118 S. Ct. 478 (1997)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1997-12-09
Topic
general

holding that a court of appeals reviewing a district court’s habeas corpus decision is not, required to raise sua sponte the petitioner’s potential procedural default | holding that "[a] court of appeals is not 'required' to raise the issue of procedural default sua sponte ” given that "procedural default ... is not a jurisdictional matter” | holding that procedural default is not a jurisdictional matter, and is instead a defense that must be raised by the state or it is lost | holding that a court sitting in habeas corpus is not required to raise sua sponte a state’s procedural default defense | holding that warden waived procedural default defense by failing to raise issue before the district court | holding that supplemental briefing is not always required when disposing a case on an issue not argued but that requesting it is “often fairer” to the parties | holding that supplemental briefing is not always required when disposing a case on an issue not argued but that requesting it is “often fairer” to the parties | holding that state’s failure to raise procedural default normally constitutes waiver of the default | holding that procedural default is a defense “that the State is obligated to raise and preserv[e] if it is not to lose the right to assert the defense thereafter” | holding that procedural default is a defense that the State must raise | holding that federal courts are not “required” to raise a “procedural default” sua sponte | holding that state’s failure to raise procedural default normally constitutes waiver of the default | holding that procedural default is a defense that the State must raise | holding procedural default is a defense that state is obligated to raise, is waived by failure to assert, and is not jurisdictional requirement that must be considered sua sponte | holding, under 28 U.S.C. § 2254, that “procedural default is normally a defense that the State is obligated to raise” (citation and internal quotation marks omitted) | noting that "procedural default is normally a defense that the State is obligated to raise and preserve if it is not to lose the right to assert the defense thereafter" | explaining that “a court of appeals is not ‘required’ to raise the issue of procedural default sua sponte.” | stating that “a court of appeals is not ‘required’ to raise the issue of procedural default sua sponte” | affirming that courts of appeal are not required to raise the defense of procedural default sua sponte, and recognizing that failure to raise the defense normally constitutes a waiver | determining that the state waived its exhaustion-based procedural default defense by failing to raise it in the district court | finding that state can waive procedural default by failing to file brief raising the issue | explaining that "procedural default is normally a defense that the State is obligated to raise and preserve if it is not to lose the right to assert the defense thereafter" (internal quotation marks & alteration omitted) | explaining that “procedural default is normally a defense that the State is obligated to raise and preserve if it is not to lose the right to assert the defense thereafter” (internal quotation marks & alteration omitted) | observing that a State can waive non jurisdictional defenses in habeas proceedings | affirming that courts of appeal are not required to raise the defense of procedural default sua sponte, and recognizing that failure to raise the defense normally constitutes a waiver | noting that “procedural default is normally a defense that the State is obligated to raise and preserve if it is not to lose the right to assert the defense thereafter” | explaining that procedural default is the "critical failure to comply with state procedural law” | declining to address question of whether “the law permitted (though it did not require) the Fifth Circuit to raise the procedural default sua sponte ” | noting that failure to raise procedural default normally constitutes waiver

Citator

Cited by
161 opinions
TREST v. CAIN,522 U.S. 87(1997)
118 S.Ct. 478
TRESTv. CAIN, WARDEN
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 96-7901.
Argued November 10, 1997
Decided December 9, 1997
In upholding the District Court's refusal to issue a writ of habeas corpus vacating petitioner Trest's Louisiana prison sentence, the Fifth Circuit stated its belief that a state court would refuse to consider Trest's federal claims as untimely, and that this "procedural default" was an adequate and independent state ground for denying him relief. In his petition for certiorari, Trest pointed out that the Fifth Circuit had raised and decided the "procedural default" questionsua sponte, and that language in the court's opinion suggested that it had thought that, once it had noticed the possibility of a procedural default, it was required to raise the matter on its own.Held:A court of appeals is not "required" to raise the issue of procedural defaultsua sponte. Pp. 89-92.
(a) In the habeas context, procedural default is normally a "defense" that the State is "obligated to raise" and "preserv[e]" if it is not to "lose the right to assert the defense thereafter."Grayv.Netherland,518 U.S. 152,166. This Court is unaware of any precedent stating that a habeas court must raise such a matter where the State itself does not do so. P. 89-90.
(b) This is not an appropriate case in which to examine whether the law nonetheless permitted the Fifth Circuit to raise the procedural defaultsuasponte. First, its opinion contains language suggesting it believed that, despite Louisiana's failure to raise the matter, Circuit precedent required, not simply permitted, it to consider a potential procedural default. Second, Trest made clear in his certiorari petition that he intended to limit the question to mandatory consideration, and Louisiana in its response did not object, suggest alternate wording, or ask this Court to consider the question in any broader context. Third, the broader question cannot be easily answered in the context of this case, for this Court is uncertain about matters which arguably are relevant to the question whether the law permitted the Fifth Circuit to raise a procedural defaultsua sponte:questions about the exhaustion of Trest's federal claims in state court and about the relevant procedural rules to be applied. The parties might have considered these questions, and the Fifth Circuit might have determined their relevance or their answers,
Page 88
had that court not decided the procedural default question without giving the parties an opportunity for argument. Pp. 90-92.
94 F.3d 1005, vacated and remanded.BREYER, J., delivered the opinion for a unanimous Court.
Rebecca L. Hudsmithargued the cause and filed briefs for petitioner.Kathleen E. Petersen, Assistant Attorney General of Louisiana, argued the cause for respondent. With her on the brief wereRichard P. Ieyoub, Attorney General, andMary Ellen Hunley, Assistant Attorney General.fn*
JUSTICE BREYER delivered the opinion of the Court.
The petitioner in this case, Richard Trest, seeks a writ of habeas corpus, which would vacate a long sentence that he is serving in a Louisiana prison for armed robbery. The District Court refused to issue the writ. Trest appealed to the Court of Appeals for the Fifth Circuit, which ruled against him on the ground of "procedural default."Trestv.Whitley,94 F.3d 1005,1007(1996). The Fifth Circuit believed that Trest had failed to raise his federal claims on time in state court, that a state court would now refuse to consider his claims for that reason, and that this state procedural reason amounted to an adequate and independent state ground for denying Trest relief. Hence, in the absence of special circumstances, a federal habeas court could not reach the merits of Trest's federal claims.Id., at 1007-1009; seePage 89generallyColemanv.Thompson,501 U.S. 722(1991);Rosev.Lundy,455 U.S. 509(1982).

In his petition for certiorari to this Court, Trest pointed out that the Court of Appeals had raised and decided the question of "procedural default"sua sponte. The parties themselves had neither raised nor argued the matter. And language in the Court of Appeals' opinion suggested that the court had thought that, once it had noticed the possibility of a procedural default, it was required to raise the matter on its own. Trest consequently asked us to decide whether a court of appeals, reviewing a district court's habeas corpus decision, "is requiredto raise . . .suasponte" a petitioner's potential procedural default. Pet. for Cert. i (emphasis added). We agreed to do so.

Precedent makes clear that the answer to the question presented is "no." A court of appeals is not "required" to raise the issue of procedural defaultsua sponte. It is not as if the presence of a procedural default deprived the federal court of jurisdiction, for this Court has made clear that in the habeas context, a procedural default, that is, a critical failure to comply with state procedural law, is not a jurisdictional matter. SeeLambrixv.Singletary,520 U.S. 518,522-523(1997);Coleman,501 U.S. at 730-731. Rather, "[i]n the habeas context, the application of the independent and adequate state ground doctrine," of which a procedural default is typically an instance, "is grounded in concerns of comity and federalism."id., at 730 (contrasting habeas proceeding with this Court's direct review of a state court judgment). Thus, procedural default is normally a "defense" that the State is "obligated to raise" and "preserv[e]" if it is not to "lose the right to assert the defense thereafter."Grayv.Netherland,518 U.S. 152,166 (1996); seeJenkinsv.Anderson,447 U.S. 231,234, n. 1 (1980). We are not aware of any precedent stating that a habeas courtmustraise such a matter where the State itself does not do so. And Louisiana concedes as much, for it says in its brief that "the FifthPage 90Circuit clearly was not `required' tosua sponteinvoke procedural default." Brief for Respondent 16-17.

Louisiana, however, would like us to go beyond the question presented and hold that the law permitted (though it did not require) the Fifth Circuit to raise the procedural defaultsua sponte. Cf.Granberryv.Greer,481 U.S. 129,133-134(1987) (appellate court may raisesuaspontepetitioner's failure to exhaust state remedies). We recognize some uncertainty in the lower courts as to whether, or just when, a habeas courtmayconsider a procedural default that the State at some point has waived, or failed to raise. CompareEsslingerv.Davis,44 F.3d 1515,1525-1528(CA11 1995) (sua sponteinvocation of procedural default serves no important federal interest), withHardimanv.Reynolds,971 F.2d 500,502-505(CA10 1992) (comity and scarce judicial resources may justify court raising state procedural defaultsua sponte); see also J. Liebman R. Hertz, 2 Federal Habeas Corpus Practice and Procedure § 26.2, pp. 814-817 (1994) (citing cases). Nonetheless, we do not believe this is an appropriate case in which to examine that question for several reasons. First, the Fifth Circuit's opinion contains language suggesting the court believed that, despite Louisiana's failure to raise the matter, Circuit precedent required the court (and did not simply permit the court) to consider a potential procedural default. See,e.g.,94 F.3d, at 1007("[T]his court's decision inSonesv.Hargett. . . precludes us from reviewing the merits of Trest's habeas challenge").

Second, the language of the question presented in Trest's petition for certiorari, as well as the arguments made in his petition, made clear that Trest intended to limit the question in the way we have described. Yet Louisiana in its response did not object or suggest alternate wording. Nor did Louisiana ask us to consider the question in any broader context.

Third, we cannot now easily answer the broader question in the context of this case, for we are uncertain aboutPage 91matters which arguably are relevant to the question whether the law permitted the Fifth Circuit to raise a procedural defaultsua sponte. The parties disagree, for example, about whether or not Trest has fully, or partially, exhausted his current federal claims by raising them in state court. Cf.Rosev.Lundy,supra, at 518-520. They disagree about whether Louisiana has waived any "non-exhaustion" defense. Cf.Granberryv.Greer,supra. They consequently disagree about whether this is, or is not, the kind of case in which a federal court might rely upon the existence of a state "procedural bar" despite the failure of any state court to assert one. SeeColemanv.Thompson,supra, at 735, n.

The parties also seem to disagree about which state's procedural rules are relevant. Trest's federal claims focus upon the 35-year sentence of imprisonment that the Louisiana court imposed (under a Louisiana "habitual offender" law) in light of his earlier convictions in Mississippi for burglary. Trest argued that those earlier convictions were constitutionally invalid because they rested upon a guilty plea which he says the Mississippi court accepted without having first told him about his rights to appeal, to trial by jury, to confront witnesses, and not to incriminate himself. Cf.Boykinv.Alabama,395 U.S. 238,242-244(1969);Statev.Robicheaux,412 So.2d 1313,1316-1317(La. 1982). The Fifth Circuit did not reach the merits of Trest's claims because it believed that the Mississippi courts would have barred any challenge to his Mississippi convictions as a challenge that, under state law, came too late in the day. See Miss. Code Ann. §99-39-5(2)(1994). Trest, andamicisupporting him, state that the relevant procedural law (for the purposes of the "procedural default" doctrine) is that of Louisiana, rather than that of Mississippi, for it is Louisiana, not Mississippi, which holds Trest in custody. And it is not clear whether Mississippi's procedural law would create a "default" that would bar federal courts from considering whetherPage 92Louisiana, not Mississippi, could (or could not) use Mississippi convictions to enhance a sentence for a subsequent Louisiana crime.

We note that the parties might have considered these questions, and the Court of Appeals might have determined their relevance or their answers, had that court not decided the procedural default question without giving the parties an opportunity for argument. We do not say that a court must always ask for further briefing when it disposes of a case on a basis not previously argued. But often, as here, that somewhat longer (and often fairer) way `round is the shortest way home. Regardless, we have answered the question presented, we vacate the judgment of the Court of Appeals, and we remand the case for further proceedings consistent with this opinion.It is so ordered.Page 93
  1. Edward M. ChikofskyandBarbara E. Bergmanfiled a brief for the National Association of Criminal Defense Lawyers asamicus curiaeurging reversal.

    A brief ofamicus curiaeurging affirmance was filed for the State of Mississippi et al. byMike Moore, Attorney General of Mississippi,MarvinL. White, Jr., Assistant Attorney General, andJeffery A. Klingfuss, Special Assistant Attorney General, and by the Attorneys General for their respective States as follows:Robert A. Butterworthof Florida,JosephP. Mazurekof Montana, andFrankie Sue Del Papaof Nevada. ↩