Search for: "Habeas Capital Notification"
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3 May 2011, 12:15 pm
Mitts, 10-1000, a twice-relisted capital case involving the grant of habeas relief on the same jury instruction the Court upheld last term in Smith v. [read post]
4 Jan 2010, 12:43 pm
As a collateral consequence, I suspect there will be a rise in habeas petitions and appeals. [read post]
23 Sep 2009, 8:57 am
Louisiana Issue: Whether the operation of Louisiana’s capital punishment scheme and the State Supreme Court's proportionality review violate the Eighth Amendment’s guarantee against arbitrariness in capital sentencing. [read post]
13 Nov 2008, 3:45 pm
Cathel, No. 06-4028 Dismissal as untimely of a petition for habeas relief is vacated where petitioner was entitled to equitable tolling of the limitations period for filing his petition after the district court sua sponte dismissed his original petition for failure to exhaust state-court remedies. [read post]
4 Aug 2008, 7:06 pm
Quarterman, No. 06-70048 Denial of a habeas corpus petition in a capital murder case is affirmed where: 1) several ineffective assistance of counsel claims failed for lack of evidence of either deficient counsel or of prejudice to defendant; 2) a Brady claim failed because the evidence alleged to have been withheld consisted of defendant's own statements; and 3) the government's use of inconsistent theories in the separate trials of co-defendants did not violate due… [read post]
1 Aug 2008, 4:43 pm
Analysis The clarification that this rule applies to habeas appeals is welcome. [read post]
19 May 2008, 8:55 am
The imposition of a 60-month sentence for defendant's failure to register pursuant to the Sex Offender Registration and Notification Act (SORNA) is vacated and remanded where: 1) the court's failure to consider proposed guidelines that existed at the time before sentencing constituted plain error; and 2) defendant's right were affected since he could show that but for the misapplication of the Guidelines he could have received a lesser sentence. [read post]
8 Apr 2008, 9:47 am
Bartee, No. 07-1526 Denial of habeas corpus relief from a conviction for, inter alia, armed assault with intent to kill is affirmed where, regardless of whether petitioner defaulted on claims due to Massachusetts contemporaneous objection rule or whether the state ruling was contrary to or constituted an unreasonable application of federal law, he was unable to show the indispensable habeas requirement of "prejudice" under Brecht v. [read post]
30 Jan 2008, 7:35 am
Quarterman, No. 03-20401 "Denial of a petition for a writ of habeas corpus in a capital murder case is affirmed over claims of error regarding whether: 1) trial counsel provided ineffective representation; and 2) jury instructions given at the sentencing phase of his trial violated his constitutional rights pursuant to Penry v. [read post]
