j. Appeals

Lopez v. Smith, USSC No. 13-946, 10/6/14 (per curiam), reversing Smith v. Lopez, 731 F.3d 859 (9th Cir. 2013); docket When a state prisoner seeks federal habeas relief on the ground that a state court, in adjudicating a claim on the merits, misapplied federal law, a federal court may grant relief only if the state court’s… Read more

Randy White v. Robert Keith Woodall, USSC No. 12-794, 4/23/14, reversing and remanding Woodall v. Simpson, 685 F.3d 574 (6th Cir. 2012); case activity It’s getting harder and harder to win a habeas case.  Woodall requested an instruction forbidding jurors from drawing adverse inferences from his decision to not testify during the penalty phase of… Read more

Question Presented:  Did the Fifth Circuit err in holding that a federal habeas petitioner who prevailed in the district court on an ineffective assistance of counsel claim must file a separate notice of appeal and motion for a certificate of appealability to raise an allegation of deficient performance that the district court rejected even though the Fifth Circuit… Read more

Burt v. Titlow, USSC No. 12-414, 11/5/13 United States Supreme Court decision, reversing Titlow v. Burt, 680 F.3d 577 (6th Cir. 2012) When a state prisoner asks a federal court to set aside a sentence due to ineffective assistance of counsel during plea bargaining, our cases require that the federal court use a “‘doubly deferential’” standard of review… Read more

Questions presented: 1. Whether the Sixth Circuit violated 28 U.S.C. §2254(d)(1) by granting habeas relief on the trial court’s failure to provide a no adverse inference instruction even though this Court has not “clearly established” that such an instruction is required in a capital penalty phase when a non-testifying defendant has pled guilty to the crimes… Read more

Questions presented: 1. Whether the Michigan Supreme Court’s recognition that a state statute abolished the long-maligned diminished-capacity defense was an “unexpected and indefensible” change in a common-law doctrine of criminal law under this Court’s retroactivity jurisprudence. See Rogers v. Tennessee, 532 U.S. 451 (2001). 2. Whether the Michigan Court of Appeals’ retroactive application of the… Read more

Martin Woolley v. Rednour, 7th Cir No. 10-3550, 12/14/12 seventh circuit decision Habeas Review – Issue Left Unaddressed by State Court Where, on state (Illinois) postconviction review of an IAC claim, the trial court ruled that counsel’s performance had been deficient but not prejudicial, and the state appellate court affirmed solely on the basis of… Read more