Mitchell v. Superintendent — habeas — affirmance — Greenberg

Two defendants were jointly tried for murder. One of the defendants, Eley, won habeas relief in the Third Circuit in 2013 on a claim arising from the admission of certain evidence at the trial. Eley’s co-defendant Mitchell raised the same legal issue in exactly the same posture, but his case moved more slowly then Eley’s, and the district court denied Mitchell relief, based on a Supreme Court case decided years before the Third Circuit decided Eley.

Today, the Third Circuit affirmed. The court’s view appeared to be that, while Eley had gotten a windfall because his panel had missed controlling law fatal to his claim, Eley’s win didn’t help poor Mitchell. Eley was freed five years ago, but Mitchell is serving life.

Joining Greenberg were Chagares and Fuentes. The case was decided without oral argument.