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Tag Archives: habeas corpus

Justices won’t let Mich. defendant reargue diminished capacity

The U.S. Supreme Court has ruled that a Michigan murder defendant’s due process rights were not violated when a change in state law following his 1994 conviction prevented him from reasserting a diminished-capacity defense when he later won a new ...

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HABEAS CORPUS

A defendant convicted after representing himself wasn’t entitled habeas relief based on a state court’s refusal to appoint a lawyer to assist him in filing a motion for a new trial. U.S. Supreme Court. Marshall v. Rodgers, No. 12-382. April ...

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Court asks when procedural defaults bar ineffective assistance claims

WASHINGTON – Less than a year after creating a narrow right to make a federal ineffective assistance of counsel claim in a post-conviction proceeding despite a procedural default in state court, the justices of the U.S. Supreme Court tried to ...

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CRIMINAL LAW

Could a state trial court retroactively apply a ruling from its supreme court that abolished the diminished-capacity defense? See “Can state retroactively abolish diminished-capacity defense?” Lancaster v. Metrish, No. 12-547.Certiorari granted: Jan. 18, 2013. Ruling below: 683 F.3d 740 (6th ...

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HABEAS CORPUS

Federal law does not require the suspension of a state prisoner’s federal habeas corpus proceedings upon an adjudication of incompetence. U.S. Supreme Court. Ryan v. Gonzales, Nos. 10-930 and 11-218. Jan. 8, 2013. Lawyers USA No. 993-3721.

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HABEAS CORPUS

Does the Antiterrorism and Effective Death Penalty Act provide an actual-innocence exception to the requirement that a petitioner must show an extraordinary circumstance that “prevented timely filing” of a habeas petition? McQuiggin v. Perkins, No. 11-1085.Certiorari granted:  Oct., 29, 2012. ...

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HABEAS CORPUS

Courts of appeals, like district courts, have the authority, although not the obligation, to raise a forfeited timeliness defense on their own initiative in exceptional cases. U.S. Supreme Court. Wood v. Milyard, No. 10-9995. April 24, 2012. Lawyers USA No. ...

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