seventh circuit court of appeals decision, denying habeas relief in 2008AP2735-CRNM (summary order) Habeas Review – Speedy Trial Habeas relief denied on speedy trial challenge to 14-month delay between filing of complaint and scheduled start of trial, applying familar 4-part test of Barker v. Wingo, 407 U.S. 514 (1972). Although the first three aspects of the test work… Read more
B. Federal
seventh circuit decision, denying habeas relief in 783 N.E.2d 1140 (Ind. 2003) Habeas – Ineffective Assistance of Counsel Habeas challenge to counsel’s performance in this capital case is limited to imposition of the death penalty, in three respects, all of which the court rejects. 1) Failure to ask the trial judge to have courtroom spectators stop displaying… Read more
seventh circuit court of appeals decision Habeas Review – Batson Claim The State’s pattern of peremptory strikes – at least 15, possibly 17, out of 20, directed at African-Americans – was so “disproportionate” as to “give[] rise to an inference of discrimination.” This is so, despite Harris limiting his challenges to 9 of these 17… Read more
Question Presented (from cert petition): In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to… Read more
Patrick Wood v. Milyard, USSC No. 10-9995, 4/24/12, reversing 403 Fed. Appx. 335 (10th Cir 2010) This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a habeas corpus petition. After state prisoner Patrick Wood filed a federal habeas corpus petition, the State twice informed… Read more
seventh circuit decision Habeas Procedure – Application for Successive Attack Application to extend the deadline for permission to file a second collateral attack, § 28 U.s.C. 2244(b), is premature: Now before the court are papers Maxy labels a motion, in which he informs us that he intends to file a second § 2244(b) application. Maxy… Read more
Wetzel v. John Lambert, USSC No. 11-38, 2/21/12, vacating and remanding 633 F.3d 126 (3rd Cir. 2011) Lambert claimed that state prosecutors withheld exculpatory information: a “police activity sheet” that arguably suggested someone other than, or perhaps in addition to, himself committed the offense (robbery and murder); and that could have been used to impeach… Read more
Howes v. Randall Lee Fields, USSC No. 10-680, 2/21/12, reversing 617 F.3d 813 (6th Cir 2010); arguably abrogating, State v. Tonnie D. Armstrong, 223 Wis.2d 331, 588 N.W.2d 606 (1999) Habeas – Review, Generally Under AEDPA, a federal court may grant a state prisoner’s application for a writ of habeas corpus if the state-court adjudication pursuant… Read more
