Questions presented: I. Whether a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. Virginia, 536 U.S. 304 (2002), has based its decision on an unreasonable determination of facts under 28 U.S.C. § 2254(d)(2). II. Whether a state court that… Read more
e. Evidentiary hearing
seventh circuit decision Habeas Procedure – Appellate Jurisdiction Where a party has filed a timely notice of appeal to a judgment, and the district court subsequently enters an amended judgment nunc pro tunc (“now for then”) conforming language in the original judgment, an amended notice of appeal isn’t necessary to confer appellate jurisdiction: … The district court’s February… Read more
seventh circuit court of appeals decision, affirming habeas grant following remand in 539 F.3d 766 (further case history: here) Habeas Review – Evidentiary Hearing The rule of Cullen v. Pinholster, 131 S. Ct. 1388 (2011), that 2254(d)(1) review is limited to the state-court record, doesn’t apply where the state court didn’t address a component part of the claim (here, deficient performance on… Read more
Albert Price v. Thurmer, 7th Cir No. 09-3851, 4/18/11 7th circuit court of appeals decision, on remand after prior appeal, 514 F.3d 729, denying relief on review of unpublished decision of Wis COA Habeas – IAC – NGI Defense Trial counsel seemingly mishandled the court-appointed NGI expert, in failing to cure the latter’s apparent misapprehension that he… Read more
seventh circuit decision; denying rehearing and amending panel decision, Coleman v. Hardy (per curiam , 2/7/11) Habeas – Defaulted Claim – Assertion of Innocence Although Coleman defaulted his ineffective assistance of counsel claim by failing to raise it in state court, his allegation of actual innocence supports a “gateway” evidentiary hearing to determine whether to reach the… Read more
Alan Ward v. Deppisch, 7th Cir No. 08-2809, 07/23/2010 7th circuit decision, review of unpublished court of appeals decision Habeas – Procedural Default The state argues that Ward procedurally defaulted his claim because he failed to fairly present the Wisconsin courts with a federal issue, and the state courts ruled against Ward based on adequate… Read more
