Felkner v. Steven Frank Jackson, USSC No. 10-797, 3/31/11 On habeas review under 28 U.S.C. § 2254, the court of appeals failed to give sufficient deference to the state court determination that the prosecutor had race-neutral reasons for striking 2 of 3 black prospective jurors. The prosecutor struck one juror because she had an MSW, and… Read more
4. Procedure
Wall v. Kahlil Kholi, USSC No. 09-868, 3/7/11 Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), “a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim” tolls the 1-year limitation period for filing a federal habeas petition. 28 U. S. C. §2244(d)(2). The question in… Read more
district court decision, denying respondent’s motion to amend judgment granting habeas relief (post on original grant, here). Habeas – State’s Waiver The State’s failure to raise certain arguments, prior to grant of 2254 relief, waived its right to press those points on a Rule 59 motion to amend the judgment granting relief. The respondent in… Read more
7th circuit decision; habeas review of State v. Martin, No. 06AP2413 Habeas – Filing Deadline – SVP Martin’s habeas challenge to denial of his ch. 980 petition for discharge isn’t time-barred by the fact he could have raised the same challenge to his original commitment. Discharge typically requires a new determination of whether the SVP’s condition has… 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
7th Circuit decision; on habeas review of Wis. opinion No. 2005AP2599-CR Habeas – Filing Deadline – Tolling The District Court had authority to grant Socha’s pre-filing, pre-deadline request to extend the 28 U.S.C. § 2244(d) deadline for his habeas petition, made on the ground of equitable tolling. … First, there is no absolute bar imposed… Read more
2nd Circuit court of appeals decision Federal Habeas (28 U.S.C. § 2254) – Filing Deadline – Brady Claim The 2254 filing deadline is one year from the date the state-court conviction becomes “final,” subject to certain exceptions, including one which restarts the limitation period from “the date on which the factual predicate of the claim… Read more
7th circuit decision Habeas – Filing Deadline – DNA Motion as Tolling Price’s postconviction motion for DNA testing in Illinois state court didn’t toll the 28 U.S.C. § 2254 federal habeas deadline, and his habeas petition is therefore deemed untimely. The court’s analysis relates to Illinois procedure. As will be seen, Wisconsin’s is meaningfully different… Read more
