Habeas claim revived in death row case 
Published: January 18, 2012
Tags: habeas corpus, ineffective assistance of counsel
A habeas petitioner who was effectively “abandoned” by his lawyers demonstrated sufficient cause to excuse his failure to meet a state deadline for appealing the denial of postconviction relief, the U.S. Supreme Court has ruled in a 7-2 decision.
CRIMINAL
Published: January 18, 2012
Tags: habeas corpus, ineffective assistance of counsel
A habeas petitioner who was effectively “abandoned” by his lawyers demonstrated sufficient cause to excuse his failure to meet a state deadline for appealing the denial of postconviction relief.
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U.S. Supreme Court. » Continue Reading.
HABEAS CORPUS
Published: January 12, 2012
Tags: habeas corpus
Because section 2253(c) of the Antiterrorism and Effective Death Penalty Act is a mandatory but nonjurisdictional rule, a federal appellate court is not deprived of jurisdiction to adjudicate an appeal where the lower federal court did not set forth a constitutional issue in a defendant’s certificate of appealability. Further, for state prisoners who fail to seek review in the state’s highest court, the judgment to appeal for purposes of the Act becomes final on the date that the time for seeking such review expires.
U.S. Supreme Court. Gonzalez v. Thaler, No. 10-895. Jan. 10, 2012. Lawyers USA No. 993-3479.
HABEAS CORPUS
Published: December 12, 2011
Tags: Antiterrorism and Effective Death Penalty Act, habeas corpus
A federal court erred in granting habeas corpus to a defendant where the state’s witness was unavailable, because under the Antiterrorism and Effective Death Penalty Act a federal court cannot overturn a state court’s decision that the state took reasonable steps to find a witness merely because the federal court identified additional steps that might have been taken.
HABEAS CORPUS
Published: September 29, 2011
Tags: habeas corpus, statute of limitations
Does an appellate court have the authority to raise sua sponte a 28 U.S.C. §2244(d) statute of limitations defense to a habeas petition, and did the state waive its statute of limitations defense when it declared to the court that it “will not challenge, but [is] not conceding, the timeliness
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Does a defendant have right to effective assistance in postconviction proceeding?
Published: June 6, 2011
Tags: habeas corpus, ineffective assistance
The U.S. Supreme Court has agreed to decide whether a defendant in a state criminal case has a federal constitutional right to effective assistance of counsel in his first postconviction proceeding in light of state procedural bars.
HABEAS CORPUS
By:
Kimberly Atkins
Published: February 23, 2011
Tags: habeas corpus
California’s requirement that habeas petitions be promptly filed qualifies as an independent state ground for denying habeas relief.
U.S. Supreme Court. Walker v. Martin, No. 09-996. Feb. 23, 2011. Lawyers USA No. 993-2689.
Murder defendant can’t show ineffective assistance
By:
Pat Murphy
Published: January 19, 2011
Tags: habeas corpus, ineffective assistance of counsel, Strickland v. Washington
A murder defendant could not obtain post-conviction relief based on a claim that his lawyer failed to suppress his confession, the U.S. Supreme Court has ruled in reversing habeas relief granted by the 9th Circuit.
Justices: Defendant not denied effective counsel
By:
Correy Stephenson
Published: January 19, 2011
Tags: habeas corpus, ineffective assistance of counsel
A criminal defendant was not denied the effective assistance of counsel where his attorney chose methods other than expert testimony to create a reasonable doubt as to his guilt, the U.S Supreme Court has ruled.
HABEAS CORPUS
By:
Kimberly Atkins
Published: March 1, 2010
Tags: habeas corpus
The Court declined to rule on whether a federal court exercising habeas jurisdiction may order the release of prisoners held at Guantanamo Bay in light of the fact that most detainees have accepted offers to resettle elsewhere.
U.S. Supreme Court. Kiyemba v. Obama, 08-1234. March 1, 2010.Lawyers USA No.
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