Search for: "In Re: Rules Governing Capital Postconviction Actions " Results 1 - 13 of 13
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18 Jun 2007, 7:26 am
In the court's view, the inmates' claim was governed by Murray v. [read post]
24 May 2010, 9:10 pm by cdw
The issue in Skinner is “[w]hether a convicted prisoner seeking access to biological evidence for DNA testing may assert that claim in a civil rights action under 42 U.S.C. [read post]
17 Jun 2007, 8:10 pm
" The consequences of this shortage, according to the petition, have serious repercussions for death row inmates, who must grapple not only with "[t]he complexity of the substantive state and federal constitutional law bearing on the validity of a capital conviction and death sentence," but also with "the state[] courts' insistence on maintaining rigorously technical rules of postconviction pleading and practice that an unrepresented condemned… [read post]
21 Jun 2010, 9:14 pm by cdw
In re: Jeffrey Beard, et.al. [read post]
2 Sep 2008, 5:17 pm
Carrasco, No. 061887, 061888 Convictions for possession of cocaine and heroin are vacated and remanded where: 1) the district court plainly misremembered its own ruling and the state of the docket; 2) admission of one defendant's confession to impeach him may have made the difference between his conviction and his acquittal; and 3) district court's reversal of its own ruling, with no consideration for the reliance of the parties and after other defendant had already… [read post]
30 Jan 2008, 7:35 am
Newson, No. 06-41115 "A defendant is not entitled to a decrease under U.S.S.G. section 3E1.1(b) unless the Government files a motion requesting the adjustment. [read post]
14 Oct 2008, 3:20 pm
Mejia, No. 052856, 056683, 061744 Convictions for conspiracy to commit assaults with a dangerous weapon in aid of racketeering activity, assault with a dangerous weapon in aid of racketeering activity, and discharge of a firearm during a crime of violence are vacated where: 1) the testimony of the Government expert witness violated the Federal Rules of Evidence and the Confrontation Clause of the Sixth Amendment; and 2) that error was not harmless. [read post]
26 Jan 2010, 1:26 pm
No. 5, No. 09-1936 In plaintiff's action against a county school district under Title IX of the Education Amendments of 1972, 20 U.S.C. section 1681(a), alleging that defendants knew that an elementary school teacher sexually harassed students at another county but allowed him to ob [read post]
26 Jan 2010, 1:26 pm
No. 5, No. 09-1936 In plaintiff's action against a county school district un [read post]
9 Sep 2008, 2:25 pm
Horn, No. 03-9010, 03-9011 In a capital-murder case, petition for a writ of habeas corpus is granted where: 1) the time period for filing the petition was tolled during state-court proceedings, and the federal petition was therefore timely; 2) the state fugitive-forfeiture rule did not apply to procedurally default the petition; 3) the jury instructions and verdict sheet that were used during the penalty phase of petitioner's trial denied him due process of law pursuant to… [read post]
11 Feb 2008, 8:08 am
Pepin, No. 06-1462 "In case where defendant awaits trial on charges eligible for the death penalty, order excluding evidence of post-mortem dismemberment of the victims is vacated as: 1) to the extent that the district court excluded evidence from the guilt phase solely because it was excluded at the penalty phase, it erred as a matter of law; and 2) to the extent that the court relies on Federal Rule of Evidence 403, to exclude all evidence as to post-mortem dismemberment, it was an… [read post]
5 Feb 2008, 8:11 am
Davis, 533 U.S. 678 (2001), does not authorize the continued and potentially indefinite detention of a removable alien based on a determination by the government that the alien's mental illness renders him a dangerous risk to the community. [read post]