Opinion

Lackawanna County District Attorney v. Coss

  • 532 U.S. 394
  • 14 Fla. L. Weekly Fed. S 189
  • 2001 Colo. J. C.A.R. 2097
  • 2001 Daily Journal DAR 4029
  • 69 U.S.L.W. 4285
Court
Supreme Court of the United States
Filed
Apr 25, 2001
Status
Published
Author
Breyer
On the bench
O'Connor, Souter, Breyer, Stevens, Ginsburg
Cited by
547 cases

recognizing that “once a state conviction is no longer open to direct or collateral attack in its own right because the defendant failed to pursue those remedies while they were available (or because the defendant did so unsuccessfully), the conviction may be regarded as conclusively valid ... [and] [i]f that conviction is later used to enhance a criminal sentence, the defendant generally may not challenge the enhanced sentence through a petition under § 2254 on the ground that the prior conviction was unconstitutionally obtained”

How later courts described this case

  • recognizing that “once a state conviction is no longer open to direct or collateral attack in its own right because the defendant failed to pursue those remedies while they were available (or because the defendant did so unsuccessfully), the conviction may be regarded as conclusively valid ... [and] [i]f that conviction is later used to enhance a criminal sentence, the defendant generally may not challenge the enhanced sentence through a petition under § 2254 on the ground that the prior conviction was unconstitutionally obtained”
  • concluding that state conviction no longer open to direct or collateral attack may be regarded as conclusively valid, and cannot be challenged through a federal habeas corpus petition, except where petitioner raises a claim of the denial of assistance of counsel as set forth in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963)
  • explaining that collateral attack on unchallenged convictions is untenable given the primary and “compelling interest” in the finality of convictions when, because of defendant’s choice not to seek review, the “conviction becomes final and the State that secured the conviction obtains a strong interest in preserving the integrity of the judgment”
  • holding that “once a state conviction is no longer open to direct or collateral attack in its own right because the defendant failed to pursue those remedies while they were available (or because defendant did so unsuccessfully),” the prisoner cannot collaterally attack that prior conviction in a federal petition for a writ of habeas corpus

Written by the judges who cited it.

The opinion

Justice Breyer,

dissenting.

Because the Commonwealth has failed to argue in this Court that the trial court’s consideration of respondent’s 1986 convictions was harmless, and consequently, the issue has not been briefed, I would not overturn the Court of Appeals’ finding that respondent’s sentence was enhanced based on the purportedly defective 1986 convictions. The Court of Appeals, however, operated under the belief that the Constitution generally requires 28 U. S. C. §2254 (1994 ed., Supp. V) petitioners to be able to attack prior convictions that enhanced their sentences. It did not focus on whether the § 2254 proceeding was “the first and only forum available for review of [respondent’s] prior conviction[s].” Ante, at 406. Accordingly, I would vacate the decision below and remand for consideration of that issue. As respondent has not yet shown that he was denied a forum in which to raise his ineffective-assistance-of-counsel claim, any discussion of a constitutionally based exception is premature.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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