j. Appeals

Rufus West v. Schneiter, 485 F. 3d 393 (7th Cir. 5/4/07) Issue/Holding: “we now join the other circuits that have considered this issue and hold that §2253(c)(1) requires a certificate of appealability for any appeal in a proceeding under §2255 or where ‘the detention complained of arises out of process issued by a State court.’” The… Read more

Edmund Ingram v. Jones, 507 F. 3d 640 (Nos. 06-2766 & 06-2879, 11/14/07) Issue/Holding: If a prison has a “legal mailing system,” and the inmate isn’t obligated to pay postage for legal mail, then the notice of appeal may be deemed filed when deposited in the system even without prepaid postage. However, “if a prison does… Read more

Dennis Thompson, Jr. v. Battaglia, 458 F. 3d 614 (7th Cir. No. 04-3110, 8/14/06) Issue/Holding: Because (c)ounsel’s work must be assessed as a whole,” an ineffective-assistance claim is a single ground for relief for certificate of appealability purposes, though R. 2(c), Rules Governing Section 2254 Cases, does require that the petitioner specify all grounds for relief… Read more

Larry W. Myartt v. Frank, 7th Cir No 04-2115, 1/21/05Issue/Holding: … AEDPA standards apply only to claims that were “adjudicated on the merits in State court proceedings.” 28 U.S.C. § 2254(d). In the instant case, the Wisconsin Court of Appeals did not address Myartt’s ineffective assistance claim, which is unsurprising because Myartt’s pro se filing… Read more

Michael A. Sveum v. Smith, 403 F. 3d 447 (7th Cir. No. 05-1255, 3/31/05) Issue/Holding: Denial of FRCP 60(b) motion to reopen, which was in effect a “mislabeled habeas corpus petition reasserting” previously rejected claim, required certificate of appealability. Jones v. Braxton, 392 F.3d 683, 688 (4th Cir. 2004) (district court’s dismissal of motion, on ground it… Read more

Alphonso Hubanks v. Frank, 392 F. 3d 926 (04-1043, 12/22/04) For Hubanks: Robert J. Dvorak Issue/Holding: Habeas relief is appropriate pursuant to § 2254(d)(1) if the state court identified the right legal principle as determined by the Supreme Court but unreasonably applied that principle to the facts of the case. The standard for proving an… Read more

Alan O. Moore, Sr. v. Mote, 368 F. 3d 754 (7th Cir. No. 03-3213, 5/17/04) Issue/Holding: Dismissal with leave to refile following exhaustion of state court remedies doesn’t support a notice of appeal: Generally, this court has jurisdiction only to review final judgments, 28 U.S.C. § 1291. The district court’s order dismissing the case without prejudice… Read more