Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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Petersen v. State

Docket: A19-0686

Opinion Date: December 26, 2019

Judge: G. Barry Anderson

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the judgment of the district court denying Defendant's petition for postconviction relief asserting a claim of ineffective assistance of appellate counsel, holding that Defendant's claim failed on the merits. In his petition for postconviction relief Defendant argued that his conviction for first-degree premeditated murder must be set aside based on ineffective assistance of appellate counsel. The district court summarily dismissed Defendant's postconviction petition. The Supreme Court affirmed, holding that the district court did not abuse its discretion in concluding that Defendant was entitled to no relief on his postconviction claim of ineffective assistance of appellate counsel.

Zumberge v. State

Docket: A19-0593

Opinion Date: December 26, 2019

Judge: Chutich

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the judgment of the district court summarily denying Defendant's petition for postconviction relief, holding that the claims raised in the petition were procedurally barred and that the district court's failure to address Defendant's claim of ineffective assistance of appellate counsel did not require a remand. Defendant was convicted of murder and attempted murder. Defendant later filed a petition for postconviction relief alleging that counsel, the judge, and the prosecutor committed reversible errors during trial. In a supporting memorandum, Defendant alleged an additional claim of ineffective assistance of appellate counsel. The district court denied the petition without a hearing and failed to address the ineffective assistance of counsel claim. The Supreme Court affirmed, holding (1) Defendant's claims were barred by State v. Knaffla, 243 N.W.2d 737 (Minn. 1976); and (2) the facts conclusively showed that Defendant was entitled to no relief on his claims of ineffective assistance of counsel.

Goodloe v. State

Docket: A19-0438

Opinion Date: December 26, 2019

Judge: McKeig

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the district court summarily denying Petitioner's third petition for postconviction relief, holding that Petitioner was conclusively entitled to no relief. Petitioner was convicted of first-degree premeditated murder and sentenced to life imprisonment without the possibility of relief. On appeal, Petitioner argued that the district court committed plain error when it gave the pattern jury instruction on premeditation. The Supreme Court affirmed. Twelve years later, Petitioner filed this petition arguing that the district court's instruction on premeditation did not accurately state the law. The district court summarily denied the petition. The Supreme Court affirmed, holding that even when the alleged facts were viewed in a light most favorable to Petitioner, he was conclusively entitled to no relief.