Search for: "In re Habeas Corpus of Factor"
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30 Jan 2008, 7:35 am
Kelly, No. 01-2736 "Denial of petitions for writs of habeas corpus are affirmed where although English language deficiency can warrant tolling of the AEDPA limitations period, petitioners have failed to allege circumstances establishing the due diligence required to warrant tolling. [read post]
11 Mar 2013, 7:40 am
§ 3553(a), as held by the Sixth Circuit; (ii) may consider those factors only to the extent that they yield a smaller sentence reduction than the defendant’s assistance alone would warrant, as held by the Seventh, Eighth, Tenth, and Eleventh Circuits; or (iii) may consider those factors to grant either a smaller or a larger sentence reduction, as held by the Fourth and Ninth Circuits. [read post]
24 Jun 2010, 12:00 am
IN RE MATTHE v. [read post]
4 Apr 2016, 9:30 am
I’m pretty sure you’re not arguing that we should try to win fewer cases and lose more. [read post]
27 May 2008, 9:50 am
McKee, No. 06-1606 An order conditionally granting petitioner habeas relief based on prosecutorial misconduct is reversed where: 1) the prosecutor relied in good faith on evidentiary rulings which permitted him to use prior bad acts evidence before trial to establish the identity of the [read post]
6 Oct 2009, 1:50 am
We're not willing to match what they did. [read post]
21 Sep 2015, 8:35 am
Intricate discussions of retroactivity doctrine and federalism, habeas corpus, and finality, have proven attractive to some of the Justices in the past in cases such as Teague v. [read post]
4 Mar 2011, 9:11 am
If any other paid petitions are re-distributed for this conference, we will add them below as soon as their re-distribution is noted on the docket. [read post]
14 Jul 2011, 1:30 pm
Further, the Court found that the trial court’s administration of the medications without first considering all of the Sell factors did not prevent Mr. [read post]
12 Dec 2017, 10:00 am
Shaughnessy, in which the Supreme Court denied a habeas corpus petition brought by a foreign national whom the government had detained as a security risk when that person sought to enter the United States. [read post]
1 Dec 2008, 9:18 pm
Prelesnik, No. 072522 In conviction for second degree murder, grant of writ of habeas corpus for ineffective counsel is affirmed where: 1) potential alibi witnesses coupled with an otherwise weak case rendered the failure to investigate the testimony sufficient to "undermine confidence" in the outcome of the jury verdict; and 2) the state appellate court's application of Strickland v. [read post]
7 Oct 2011, 3:18 pm
Maryland is not violated as long as jurors are told only that they must decide the balancing of aggravating and mitigating factors unanimously. [read post]
19 May 2021, 12:47 pm
Ramirez, 20-1009, involving limitations on evidentiary development for state criminal cases being reviewed by federal courts on petitions for habeas corpus. [read post]
22 Sep 2013, 5:16 pm
The husband also brought a writ of habeas corpus under a separate index number against the wife and her mother which was dismissed. [read post]
19 Jun 2015, 12:13 pm
Two other promising habeas corpus storylines were cancelled. [read post]
16 Jan 2018, 10:14 am
In 2008 Mason was granted federal habeas corpus relief for ineffective assistance of counsel during the penalty phase of his trial. [read post]
2 Sep 2008, 5:17 pm
Webb, No. 06-5806 An order denying a 28 U.S.C. section 2254 petition for writ of habeas corpus from a conviction for assault is affirmed over claims that judicial bias, ineffective assistance of trial counsel, and his invalid plea of guilty warranted reversal of the district court's decision. [read post]
14 Oct 2008, 3:20 pm
Bissonnette, No. 081094 In a conviction for first degree murder, denial of writ of habeas corpus is affirmed over claims that: 1) the trial judge's instruction to the jury that the prosecution "does not have the burden of proving that no one else may have committed the murder" was an error that was contrary to clearly established Supreme Court precedent as stated in In re Winship; and 2) the trial court violated defendant's Sixth Amendment Confrontation… [read post]
12 Apr 2020, 9:01 pm
However, other factors may also be at play. [read post]
17 Nov 2008, 6:39 pm
Walker, No. 060618 In a conviction for robbery and unlawful possession of a weapon, grant of writ of habeas corpus is affirmed where: 1) Appellate Division's ruling that there was no right of defendant to cross-examine on racial bias because it represented "general ill will" rather than "specific hostility towards defendant" constituted an unreasonable application of the Confrontation Clause; and 2) the error was not harmless. [read post]
