Chaidez v. United States, USSC No. 11-820, affirming 655 F.3d 684 (7th Cir. 2011) Issue: We know that Padilla v. Kentucky, 559 U.S. 356 (2010) requires counsel to advise a defendant about the risk of deportation arising from a guilty plea. The question presented by Chaidez is whether or not that rule applies retroactively so… Read more
B. Federal
Ryan v. Gonzales, USSC No. 10-930; Tibbals v. Carter, USSC No. 11-218, 1/8/13 United States Supreme Court decision, reversing In re Gonzalez, 623 F.3d 1242 (9th Cir. 2010), and reversing and remanding Carter v. Bradshaw, 644 F.3d 329 (6th Cir. 2011) These two cases present the question whether the incompetence of a state prisoner requires suspension… Read more
Martin Woolley v. Rednour, 7th Cir No. 10-3550, 12/14/12 seventh circuit decision Habeas Review – Issue Left Unaddressed by State Court Where, on state (Illinois) postconviction review of an IAC claim, the trial court ruled that counsel’s performance had been deficient but not prejudicial, and the state appellate court affirmed solely on the basis of… Read more
Robert Dietrich v. Smith, 7th Cir No. 12-1672, 12/4/12 seventh circuit decision, on habeas review, affirming 2011C117 (E.D. Wis 2/23/12); prior history: State v. Dietrich, Wis. App. 2008AP1697-CR After the trial court denied his request for an in camera inspection of the sexual assault victim’s mental health records, State v. Green, 2002 WI 68, ¶34, 253 Wis. 2d… Read more
Elliot D. Ray v. Clements, 7th Cir No. 11-3228, 11/19/12 seventh circuit decision, appeal following remand in 592 F.3d 793 (7th Cir 2010) (summarized in prior post) … (W)e hold that in cases where the pro se prisoner’s post-conviction motion is not received, the petitioner must submit a sworn statement and some evidence to support his claim… Read more
Question Presented: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) contains a one-year statute of limitations for filing a habeas petition. In Holland v. Florida, 130 S. Ct. 2549, 2562 (2010), this Court affirmed that a habeas petitioner is entitled to equitable tolling of that one-year period “only if he shows: (1) that… Read more
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, denying habeas relief in 641 N.E.2d 371 (Ill. 1994) and 521 N.E.2d 38 (1988) Habeas Review – 6th Amendment Attachment of Counsel – State Court Findings The Seventh Circuit rejects, on habeas review of his Illinois conviciton, Thompkins’ challenge to admissibility of his statement. Thompkins made his statement after his arrest and, according to the state court, before… Read more
