State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no… Read more
a. Filing deadline
Anastazia Schmid v. Steven McCauley, 7th Circuit Court of Appeals No. 14-2974, 2016 WL 3190670, 6/8/16 Because the record discloses Schmid suffers from some sort of mental disability and may have been hindered by counsel’s failure, the district court acted too hastily in dismissing Schmid’s untimely habeas petition; instead it should have appointed counsel and, if… Read more
Brian K. Boulb v. United States, 7th Circuit Court of Appeals No. 15-1383, 4/4/16 Boulb filed a § 2255 habeas petition challenging his federal conviction 16 months after the conviction was final. That was four months too late. Boulb argued he was entitled to equitable tolling of the 12-month filing deadline because of his mental incompetence, but… Read more
Myron A. Gladney v. William Pollard, 7th Circuit Court of Appeals No. 13-3141, 8/26/15 In 2013 Gladney filed a habeas petition challenging his state conviction, which became final in 1999. The district court properly dismissed the petition as untimely because even if the limitations period could have been tolled until Gladney found out about his counsel’s failure… Read more
Christeson v. Roper, USSC No. 14-6873, 2015 WL 232187 (January 20, 2015) (per curiam); docket The Supreme Court holds that the lower courts failed to properly apply Martel v. Clair, 565 U. S. ___, 132 S. Ct. 1276 (2012), when they denied Christeson’s request to substitute appointed counsel in his federal habaeas case. Christeson, a capital defendant pursing federal… Read more
Thomas Socha v. Gary Broughton, 7th Circuit Court of Appeals No. 12-1598, 8/14/14 In Socha’s previous appeal of the dismissal of his federal habeas petition, the Seventh Circuit held the district court was not compelled to dismiss the petition just because it was filed after the one-year AEDPA deadline because there were a couple possible theories—specifically… Read more
McQuiggin v. Floyd Perkins, USSC No. 12-126, 5/28/13 United States Supreme Court decision, vacating and remanding Perkins v. McQuiggin, 670 F.3d 665 (6th Cir. 2012) In Schlup v. Delo, 513 U. S. 298 (1995), and House v. Bell, 547 U. S. 518 (2006), the Court held that a convincing showing of “actual innocence” enabled habeas… Read more
Ryan v. Gonzales, USSC No. 10-930; Tibbals v. Carter, USSC No. 11-218, 1/8/13 United States Supreme Court decision, reversing In re Gonzalez, 623 F.3d 1242 (9th Cir. 2010), and reversing and remanding Carter v. Bradshaw, 644 F.3d 329 (6th Cir. 2011) These two cases present the question whether the incompetence of a state prisoner requires suspension… Read more
