Joseph J. Jordan v. Randall R. Hepp, 7th Circuit Court of Appeals No. 14-3613, 2016 WL 4119862, 8/3/16 Jordan claims the Wisconsin courts unreasonably applied clearly established federal law when they held that he was not denied the right to represent himself and that his trial lawyer was not ineffective for failing to object to… Read more
k. Prosecutorial misconduct
Paysun Long v. Kim Butler, 7th Circuit Court of Appeals Case No. 13-3327, 10/27/15 Long is entitled to habeas relief because the prosecutor in his state murder trial failed to correct perjured testimony given by a state’s witness. Four eyewitnesses told police Long shot a person named Sherman. At Long’s trial, one witness maintained her identification, two… Read more
seventh circuit decision Habeas – Knowing Use of False Testimony (“Napue”) Due process prohibits knowing prosecutorial use of false testimony, Napue v. Illinois, 360 U.S. 264, 269 (1959). However, the prosecutor’s exploitation of Bland’s incorrect testimony on a potentially important point (the date his gun was confiscated) doesn’t support habeas relief on a Napue-type theory. Napue and Giglio hold… Read more
seventh circuit court of appeals decision, denying habeas relief on review of Wis. COA No. 2008AP1533-CR; prior history: 2001AP713-CR, 1995AP1856-CR Habeas – Exculpatory Evidence – Available to Defendant Jardine argues that the State suppressed exculpatory evidence, namely that post-conviction testing of the gun he admittedly possessed but denied using to club the victim didn’t reveal the presence of… Read more
