Search for: "State v. Thurmer" Results 1 - 8 of 8
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28 Mar 2011, 11:29 am by WISCONSIN LAW JOURNAL STAFF
CRIMINAL OPINIONS Habeas Corpus Ineffective assistance; plea bargaining Where a state prisoner claims he would have accepted a plea agreement if his attorney had correctly conveyed it to him, and no evidentiary hearing was held, the district court should have held a hearing on the prisoner’s ineffective assistance claim. [read post]
5 Feb 2008, 8:11 am
Mukasey, No. 05-4448 Petition for review of a decision denying petitioner asylum and related relief, and finding that he was removable due to a prior state conviction for possession of a controlled substance, is denied where a remand was unnecessary because petitioner's challenge to the state court conviction constituted an impermissible collateral attack, and he presented no other claims that would entitle him to relief. [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]