Welch v. United States, USSC No. 15-6418, 2016 WL 1551144 (April 18, 2016), vacating and remanding an unpublished order of the 11th Circuit; Scotusblog page (including links to briefs and commentary) Associate Federal Defender Shelley Fite has kindly agreed to provide her take on the high court’s latest: Federal defenders and procedure wonks naturally appreciate Welch v. United… Read more
B. Federal
Brian K. Boulb v. United States, 7th Circuit Court of Appeals No. 15-1383, 4/4/16 Boulb filed a § 2255 habeas petition challenging his federal conviction 16 months after the conviction was final. That was four months too late. Boulb argued he was entitled to equitable tolling of the 12-month filing deadline because of his mental incompetence, but… Read more
Woods v. Etherton, USSC No. 15-723 (April 4, 2016) (per curiam), reversing Etherton v. Rivard, 800 F.3d 737 (6th Cir. 2015); SCOTUSblog page (including links to petition, response and reply) This was a federal habeas action in which the petitioner claimed, among other things, that: (1) the state trial court’s admission of an anonymous tip… Read more
Michael Carter v. Stephen Duncan, 7th Circuit Court of Appeals No. 13-2243, 3/30/16 Carter sought habeas relief on the ground his trial lawyer was ineffective for failing to investigate what two defense potential witnesses had to say and failing to present their testimony at his murder trial. The Seventh Circuit holds that although the state court… Read more
Arthur Mitchell v. Donald Enloe, 7th Circuit Court of Appeals No. 14-2946, 3/24/16 The Seventh Circuit rejects Mitchell’s claims that the lawyer representing him at his state murder was ineffective because he should have asked for a provocation instruction as well as a self-defense instruction, because the two defenses were inconsistent and the jury clearly rejected the… Read more
Eric D. Holmes v. Ron Neal, 7th Circuit Court of Appeals Nos. 04-3549, 06-2905, and 14-3359, 3/22/16 Holmes claims various errors in his capital murder case merit habeas relief, but the 7th Circuit doesn’t agree. Holmes’s primary claims involve unanticipated testimony by a sheriff’s deputy during the guilt phase of his trial and various errors during the penalty phase… Read more
David Conrad v. United States, 7th Circuit Court of Appeals No. 14-3216, 3/4/16 Peugh v. United States, 133 S. Ct. 2072 (2013), held that the ex post facto clause prohibits a sentencing court from using a Sentencing Guideline in effect at the time of sentencing instead of the Guideline in effect at the time of the offense if the new… Read more
Micah D. Stern v. Michael Meisner, 7th Circuit Court of Appeals No. 15-2558, 2/9/16 Stern’s conviction for using a computer to facilitate a sex crime against a child under § 948.075 is constitutional because the Wisconsin appellate court’s conclusion that the statute allows conviction based on the defendant’s “reason to believe” the victim is a minor… Read more
