Docket Decision below: 623 F. 3d 222 (5th Cir. 2010) Questions Presented (from SCOTUS docket page): 1. WAS THERE JURISDICTION TO ISSUE A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. §2253(C) AND TO ADJUDICATE PETITIONER’S APPEAL? 2. WAS THE APPLICATION FOR A WRIT OF HABEAS CORPUS OUT OF TIME UNDER 28 U.S.C. §2244(D)(1) DUE TO “THE DATE ON WHICH THE JUDGMENT BECAME… Read more
4. Procedure
in-chambers opinion on motion to stay mandate Habeas – Stay of Mandate The State’s request to stay the mandate in the court’s grant of relief is denied by Judge Ripple’s in chambers opinion. The standard for granting a stay is set forth in Books v. City of Elkhart, 239 F.3d 826, 828 (7th Cir. 2001)… 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4/18/11 7th circuit court of appeals decision, on remand after prior appeal, 514 F.3d 729, denying relief on review of unpublished decision of Wis COA Habeas – IAC – NGI Defense Trial counsel seemingly mishandled the court-appointed NGI expert, in failing to cure the latter’s apparent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
Cullen v. Scott Lynn Pinholster, USSC No. 09-1088, 4/4/11 We first consider the scope of the record for a §2254(d)(1) inquiry. The State argues that review is limited to the record that was before the state court that adjudicated the claim on the merits. Pinholster contends that evidence presented to the federal habeas court may… Read more
7th circuit court of appeals decision Habeas – Certificate of Appealability We pause briefly to note the district court’s error in denying a certificate of appealability in this case. The statute provides that a certificate of appealability may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.”… Read more
William Kerr v. Thurmer, 7th Cir No. 09-1032, 3/28/11 – Part III 7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation… Read more
7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation defense) is here; Part III (evidentiary hearing, GP advice), here. Habeas –… Read more
Docket Decision below (3rd Cir No. 07-2163, 5/28/10) Question Presented (by Scotusblog): For purposes of adjudicating a state prisoner’s petition for federal habeas relief, what is the temporal cutoff for whether a decision from this Court qualifies as “clearly established Federal law” under 28 U.S.C. § 2254(d), as amended by the Antiterrorism and Effective Death Penalty… Read more
