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18 May 2018, 8:02 am by John Elwood
John Elwood (finally) reviews Monday’s relists. [read post]
9 May 2018, 4:35 pm by Aurora Barnes
In its conference of May 10, 2018, the court will consider petitions involving issues such as whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause; whether the Johnson rule made retroactive in Welch renders the residual clause of the career offender provision of the mandatory, pre-Booker Sentencing Guidelines unconstitutionally vague; and whether a railroad’s payment to an employee for time… [read post]
9 May 2018, 9:40 am by John Elwood
John Elwood reviews Monday’s relists. [read post]
27 Apr 2018, 6:47 am by John Elwood
John Elwood finally reviews Monday’s relists. [read post]
19 Apr 2018, 12:38 pm by John Elwood
John Elwood reviews Monday’s relists. [read post]
6 Apr 2018, 1:21 pm by John Elwood
  New Relist Trevino v. [read post]
29 Mar 2018, 7:01 am by John Elwood
Washington claims on direct appeal in one of two ways–defendants may assert the claims in their brief on direct appeal if they choose to make no further record in support of their claims or, if they wish to develop a record, defendants may suspend their direct appeal while they develop the factual record in the trial court–satisfies the Martinez–Trevino doctrine, which allows a federal habeas court to hear a substantial claim of ineffective assistance of… [read post]
28 Mar 2018, 1:22 pm by Aurora Barnes
Washington claims on direct appeal in one of two ways–defendants may assert the claims in their brief on direct appeal if they choose to make no further record in support of their claims or, if they wish to develop a record, defendants may suspend their direct appeal while they develop the factual record in the trial court–satisfies the Martinez–Trevino doctrine, which allows a federal habeas court to hear a substantial claim of ineffective assistance of… [read post]
21 Mar 2018, 6:05 pm by Steve Vladeck
Although the doctrine of “procedural default” would usually preclude a petitioner from raising a claim that could have been, but was not, presented to the state courts, the Supreme Court held in Trevino v. [read post]
11 Jan 2018, 5:20 pm by Aurora Barnes
Washington claims on direct appeal in one of two ways–defendants may assert the claims in their brief on direct appeal if they choose to make no further record in support of their claims or, if they wish to develop a record, defendants may suspend their direct appeal while they develop the factual record in the trial court–satisfies the Martinez–Trevino doctrine, which allows a federal habeas court to hear a substantial claim of ineffective assistance of… [read post]
9 Jan 2018, 1:36 pm by Benton Martin, E.D. Mich.
In Judge White's view, the proper starting point was simple: Trevino made it clear that Miller could seek relief, and Miller filed his motion 4 months after Trevino. [read post]
31 Dec 2017, 1:46 pm by Kelly Phillips Erb
A picture taken on November 20, 2017 shows logos of US online news and social networking service Twitter displayed on computers’ screens. [read post]
29 Nov 2017, 5:34 am by Joy Waltemath
He received his EEOC right to sue letter in 2011 and retained attorneys from the law firm Wisler & Trevino to file suit on his behalf against Goodyear. [read post]
23 Oct 2017, 11:09 am by Steve Vladeck
Although that claim was initially rejected, it was resurrected when the Supreme Court ruled in Trevino v. [read post]