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
b. Confessions/self-incrim.
seventh circuit decision (html) (90-page pdf download: here), granting habeas relief in 904 N.E.2d 1077 (Ill. App. 2009) A significant decision in several respects – not least, attorney performance – that a summary post cannot hope to capture, save broad highlights. Executive summary: Harris was convicted of killing her 4-year-old son Jaquari, against a defense of accidental death (self-strangulation with an… Read more
seventh circuit decision Habeas Review – Confessions – Voluntariness Given the deferential nature of habeas review, the state court reasonably determined that a 16-year-old’s confession after 55 hours of interrogation was voluntary: Particularly in light of the highly deferential standard due to the state court, we have no reason to doubt that it took into account all… Read more
seventh circuit court of appeals decision Habeas Review – Miranda-Edwards Coleman’s argument that his confession violated Edwards v. Arizona, 451 U.S. 477 (1981) (interrogation must cease immediately if suspect requests counsel) was rejected by the state court based upon a determination that he did not in fact assert his to counsel. Denial of relief is affirmed: Coleman admits but… Read more
7th Cir. decision; Order denying rehearing and amending opinion, 10/10/15 Habeas – Voluntary Statement – Juvenile State court determination that juvenile’s custodial statement to police was voluntary wasn’t objectively unreasonable., notwithstanding his age (15), borderline intellectual functioning and lack of criminal background. “(I)t is the totality of the circumstances underlying a juvenile confession, rather than… Read more
7th circuit court of appeals decision Habeas – Miranda Waiver Viewed through the deferential lens of 2254 habeas review, a state court finding that the severely mentally impaired Collins knowingly and intelligently waived his Miranda rights an incriminatory statement was not unreasonable. Collins had a Wechsler-scale IQ in the low- to mid-60s, exacerbated by a… Read more
