Search for: "Habeas Capital Notification" Results 1 - 20 of 29
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1 May 2014, 4:53 pm by Gritsforbreakfast
Judge Barbara Hervey convened the meeting to discuss "Notification in the wake of an 'irregularity' in a criminal case," a reference to forensic snafus like the Jonathan Salvador fiasco and the ongoing hair and fiber review by the Forensic Science Commission. [read post]
3 May 2011, 12:15 pm by John Elwood
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]
1 Nov 2011, 8:48 am by John Elwood
” This week brought only two new relists, both involving capital defendants. [read post]
5 Sep 2015, 8:26 am by Gritsforbreakfast
And the state's new junk science writ provides a solid basis for litigating forensics claims, particularly those as in this case where the issue stems from advancements in science rather than errors or misconduct.Finally, this session the Legislature expanded the jurisdiction of the Office of Capital Writs to make it the Office of Capital and Forensic Writs, presaging exactly this sort of development. [read post]
30 Apr 2012, 3:43 am by Russ Bensing
Milyard, involving a habeas case. [read post]
21 Jun 2011, 12:40 pm by John Elwood
Clair, 10-1265, the State of California seeks review of the Ninth Circuit’s grant of habeas relief to a capital defendant; the Ninth Circuit held that a district court abused its discretion in denying the writ where a federal habeas petitioner had objected to the performance of his appointed federal habeas counsel and demanded substitute counsel. [read post]
1 Aug 2008, 4:43 pm
Analysis The clarification that this rule applies to habeas appeals is welcome. [read post]
17 Jun 2011, 9:32 am by Steve Hall
Patrick Leahy, D-Vt., introduced the Consular Notification Compliance Act. [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]
3 Oct 2011, 9:27 am by Jeff Gamso
  He quotes Eric Freedman, law prof at Hofstra, fan of the First Amendment and important player in capital defense and especially capital habeas circles. [read post]
23 Feb 2017, 12:04 pm by John Elwood
Baker16-6316Issue: Whether the trial judge’s failure to recuse himself from the petitioner’s capital trial violated the due process clause. [read post]
19 Jan 2012, 7:29 am by John Elwood
Epps, 11-6550, a capital habeas case from the Fifth Circuit involving a Batson claim, and is holding that case pending the arrival of the record. [read post]
22 Oct 2015, 8:00 pm by John Ehrett
Rudin 15-324Issue: (1) Whether a later-overturned lower court decision accepting an untimely state habeas petition can equitably toll the federal habeas deadline when the prisoner was on notice that her state petition was filed late and she failed to file a protective federal petition per Pace v. [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]
4 Jan 2010, 12:43 pm by SOIssues
As a collateral consequence, I suspect there will be a rise in habeas petitions and appeals. [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]
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]
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]