Search for: "In re Habeas Corpus of Factor"
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23 Mar 2009, 1:26 pm
Groves , No. 07-2227 Conviction and sentence for firearms possession is affirmed where: 1) officers had ample reasonable suspicion beyond the anonymous tip to justify the investigative stop; and 2) defendant's above-guidelines sentence was not unreasonable based on the factors supporting the sentence and the absence of any in mitigation. . [read post]
18 Feb 2009, 5:07 am
First, the Ninth Circuit held that Osborne can bring a lawsuit against Alaska to access evidence instead of seeking a writ of habeas corpus, the procedural device afforded prisoners for invalidating a state conviction in federal court. [read post]
14 Jan 2009, 3:52 pm
Also, you may or may not be re-read your Miranda rights. [read post]
23 Dec 2008, 2:57 pm
Any defect in the plea colloquy had no bearing on his ultimate sentence, and the trial court properly considered mitigating factors. [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]
1 Dec 2008, 11:45 am
Moreover, this Court has jurisdiction to entertain a petition for a writ of 3 habeas corpus, an original proceeding governed by Fla. [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]
27 Oct 2008, 3:49 pm
Bradshaw, No. 07-3497 Dismissal of a petition for writ of habeas corpus challenging convictions for murder and felonious assault, with firearm specifications, is affirmed where the district court correctly found that a state court's rejection of a claim that petitioner's post-arrest silence was improperly used against him at trial was not an unreasonable application of Supreme Court precedent. .. [read post]
20 Oct 2008, 6:46 pm
Alexander, No. 071780 Following indictment against petitioner for criminal sale of a controlled substance in or near school grounds, denial of writ of habeas corpus is affirmed where: 1) the state courts reasonably determined that petitioner had not made out a prima facie case; and 2) petitioner's post-conviction detention was not unlawful. . [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]
29 Sep 2008, 7:50 pm
Alexander, No. 071780 In a conviction for sale of controlled substance in or near school grounds, denial of writ of habeas corpus is affirmed over claims that the state courts unreasonably applied Batson v. [read post]
9 Sep 2008, 2:25 pm
Webb, No. 065775 In conviction for murder and related charges, denial of writ of habeas corpus is reversed where petitioner's Sixth Amendment right to effective assistance of counsel was violated at trial and on appeal due to the actual conflict of interest his attorney labored under. [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]
28 Aug 2008, 2:15 pm
Mitchell, No. 02-3505 Denial of a petition for habeas relief in a death penalty case is reversed where: 1) a state court applied the Strickland standard in an objectively unreasonable manner for purposes of claims that petitioner's counsel were ineffective in preparing for the sentencing phase of his trial; 2) the state court unreasonably determined that the alleged errors of trial counsel did not prejudice petitioner's case; and 3) a state court erroneously evaluated a Brady… [read post]
4 Aug 2008, 7:06 pm
Section 2255(a) habeas corpus petition; 2) a 2255 petition is unauthorized by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); and 3)according to US v. [read post]
21 Jul 2008, 9:14 pm
Haviland, No. 07-3380 Grant of a conditional writ of habeas corpus is affirmed where: 1) petitioner sought to represent himself at trial, and the trial court's failure to rule on his requests to proceed pro se deprived him of his Sixth Amendment right to self-representation; and 2) state courts' objectiv [read post]
10 Jul 2008, 4:16 am
All these factors increase the time and cost of administering criminal justice. [read post]
27 Jun 2008, 3:36 am
On November 8, 2007, Schwab filed an application for leave tofile a successive habeas corpus petition pursuant to 28 U.S.C. [read post]
25 Jun 2008, 6:15 pm
Bush, No. 06-1195, 06-1196 In habeas proceedings brought by aliens detained at Guantanamo after being captured in Afghanistan or elsewhere abroad and designated enemy combatants by tribunals, the Court rules that petitioners have the constitutional privilege of habeas corpus. [read post]
12 Jun 2008, 7:59 pm
The habeas hearing must be prompt — at least for a detainee who has been held for several years (the time factor is uncertain). 2. [read post]
