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
4. Procedure
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
Clyde Piggie v. Cotton, 344 F.3d 674 (7th Cir. 2003) Issue/Holding: Requirement of certificate of appealability doesn’t apply to habeas challenge to state disciplinary proceeding, citing Walker v. O’Brien, 216 F.3d 626 (7th Cir. 2002). Rule reaffirmed: Edward D. Anderson v. Benik, No. 05-2323, 12/20/06 But for another circuit’s rejection of this approach, creating a potentially cert-worthy split… Read more
Terrance Bernard Davis v. Borgen, 349 F.3d 1027 ( 7th Cir. 03-2354, 11/20/03) Issue/Holding: A certificate of appealability of dismissal of a habeas petition filed four years after the deadline is vacated: To recap the statutory requirements: (1) A certificate of appealability may be issued only if the prisoner has at least one substantial constitutional question for appeal… Read more
